Additional District and Sessions Judge Nisar Ahmed on Monday granted bail to the chief of banned outfit Lashkar-e-Jhangvi, Malik Ishaq, an accused of campaigning jingoism through his sectarian hate mongering.
The court granted bail to the accused on the submission of surety bonds of Rs. 500,000, with directions to the accused to submit surety bonds in the trial court.Previously, Ishaq was sent to Kot-Lakhpat jail on 14-day judicial remand after he was arrested on August 29 after his return from Saudi Arabia.
The police had arrested him on the charges of delivering “provocative speech to spread sectarian hatred” during a Khatm-e-Nabuwwat rally held in Lahore under section 295-A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the Pakistan Penal Code (PPC) and Section 3 of the Amplifier Act.
Nishtar Colony Police in FIR 917/2012 stated that Ishaq had made a speech against Shia sect in Kamahan village on Aug 9. On Monday, Advocate Arif Mehmood Rana, the counsel of Ishaq, argued that section 295-A of PPC did not fall in this case and it was a malafide intention on part of the police to register the case.
He argued that, to nominate his client according to 295-A, a prior permission of the central or provincial government was required. While quoting section 196 of criminal procedure code CrPC, the counsel said that police did not bother to get such permission neither was the provincial or the federal government was complainant in the case.
He said his client was innocent and was willing to join investigation, imploring the court to grant bail to his client.
Section 196 of CrPC reads: “No Court shall take cognizance of any offence punishable under Chapter VI or IXA of the Pakistan Penal Code (except section 127), or punishable under section 108A, or section 153A, or section 294A, or section 295A or section 505 of the same Code, unless upon complaint made by order of, or under authority from, the Central Government, or the Provincial Government concerned, or some officer empowered in this behalf by either of the two Governments.”
After hearing the arguments of Malik’s counsel, the judge granted him bail on the submission of surety bonds of Rs. 500,000. Sources informed The News that Malik Ishaq would not be released even after securing the bail as he was also nominated in other cases.Earlier, on July 14, 2011, the apex court had granted bail to Ishaq in Sri Lankan cricket team attack case. He is said to be the mastermind of the attack
During the attack, six Sri Lankan players – including Captain Mahela Jayawaredene, his deputy Kumar Sangakkara, Ajantha Mendis, Thilan Samaraweera, Tharanga Paranavitana and Chaminda Vaas – had sustained injuries. Six escorting policemen were also killed in the attack.