'Prosecution yet to prove May 9 conspiracy'

SC says case falls within ambit of further inquiry; social media evidence to be tested at trial

ISLAMABAD:

The Supreme Court has observed that the prosecution has yet to substantiate allegations of criminal conspiracy against PTI MPA Hafiz Farhat Abbas, noting that the case falls within the ambit of further inquiry.

In a four-page order authored by Justice Naeem Akhtar Afghan while hearing the pre-arrest bail plea of the PTI MPA implicated in the May 9 case, the top court remarked that no recovery had been made from the petitioner and that the case record reflected his cooperation during the investigation.

"The prosecution has yet to prove the allegation of hatching criminal conspiracy by the petitioner at the trial. The apprehension of the petitioner about his arrest by the police to create humiliation and harassment despite cooperating with investigation of the case cannot be held as vague or baseless."

The order noted that, on the basis of a tentative assessment of the material so far available on record, the case against the petitioner also fell within the ambit of further inquiry.

Interestingly, the same bench had earlier passed similar observations in an order granting post-arrest bail to PTI Senator Ejaz Ahmad Chaudhry.

A three-judge bench of the apex court, led by Justice Afghan, heard the matter. The Lahore High Court had previously rejected Hafiz Farhat Abbas's pre-arrest bail request.

The order stated that the petitioner had not been named in an FIR registered at Police Station Sarwar Road, Lahore, on May 12, 2023, regarding the events of May 9.

"The petitioner has been implicated in the supplementary statement of the complainant dated 10th June 2023 on the basis of tweets/audio/video clips on social media; the evidentiary value, as well as admissibility of the delayed supplementary statement of the complainant, as well as the tweets/audio/video clips on social media shall be determined at the trial after recording evidence," the order added.

The court also noted that co-accused Imtiaz Mehmood had already been granted pre-arrest bail in the same FIR by the Supreme Court on April 17, 2025, in a criminal petition.

The bench observed that, based on the rule of consistency, Hafiz Farhat Abbas was also entitled to confirmation of his ad-interim pre-arrest bail.

The court confirmed the pre-arrest bail granted to the petitioner through its earlier order dated April 15, 2025.

The petitioner has been directed to continue cooperating with any further investigation, if and when required.