While a motorcyclist who was assaulted earlier this week in the Defence Housing Authority submitted a no-objection affidavit, a sessions court on Thursday dismissed the bail application of a businessman and his guard, observing that "the affidavit appears to have been submitted under undue influence or coercion”.
Salman Farooqi, said to be the executive officer of a private company, and his guard Owais Hashmi were arrested after a video went viral on social media showing Farooqi assaulting a motorcyclist, who was accompanied by his sister, after a minor accident on Khayaban-e-Ittehad.
Additional Sessions Judge (South) Abdul Zahoor Chandio announced his order after hearing arguments from both sides, dismissing the bail plea of the suspects. The victim, Dheeraj, along with his lawyer, appeared in the court and filed a no-objection affidavit stating that he would have no objection if the suspects were released on bail.
The judge observed, "There are reasonable grounds to believe that the applicants/accused would influence the investigation and possibly tamper with evidence because the influence and power of the main accused presents a real and not speculative threat to the course of justice.”
He said the alleged conduct of the suspects could not be dismissed as "spontaneous or trivial in nature but it reflects a pattern of misuse of status, force, and impunity”. “Though presumption of innocence remains sacrosanct at this stage, the material on record, the consistent threats, the deliberate and humiliating conduct and the imbalance of power involved all suggest that no exceptional hardship has been shown by the defense to justify bail at this premature stage of investigation; hence, I am not inclined to exercise discretion in favour of the applicant/accused. Consequently, instant bail application is hereby dismissed,” he ruled.
The judge further noted that the incident was not accidental or momentary as the available video evidence, which is uncontroverted at this stage, prima facie demonstrated an organized and deliberate act of aggression, involving multiple individuals who surrounded, physically attacked and intimidated the victim in an overwhelming show of force.
"More importantly, the status and influence of the primary accused Muhammad Salman Farooqi cannot be ignored,” he said. At this preliminary stage, there are reasonable grounds to believe that accused Muhammad Salman Farooqi along with co-accused, being influential individuals, may hinder or manipulate the investigation, pressurize witnesses or tamper with evidence, particularly with regard to those employees or bystanders who may have been present but are yet to depose.”
The judge maintained that although public sentiment alone cannot dictate judicial discretion, acts of vigilantism (as happened in present case), especially by persons wielding power or private force, undermined the rule of law and can erode public confidence in the justice system if treated complacently.
About the victim's no-objection affidavit, he said: "I am of the considered view that the affidavit appears to have been submitted under undue influence or coercion. This conclusion is drawn particularly from the contents of paragraph No.4 of the affidavit, wherein the victim places blame upon himself for the incident, a claim that directly contradicts the allegations outlined in the FIR.”
“Such inconsistency raises serious doubts about the voluntariness and credibility of the affidavit. Besides, it is important to note that Dheeraj is not the complainant in this case but one Muhammad Saleem that was present at the scene.”
During the hearing, the defence counsel argued that there was an unexplained delay of approximately two days in the registration of the FIR. He contended that all the charges brought against his client were bailable, except for Section 506 of the Pakistan Penal Code (PPC), which was not applicable in this case as the suspects did not issue any threats to the victim at gunpoint.
He maintained that the victim had also submitted a no-objection affidavit, pleading with the court to grant bail to his clients. State prosecutor Irfana Qadri vehemently opposed the bail application and argued that due to the influence of the suspect, the victim filed the affidavit while the complainant of the case had not appeared in the court.
She argued that the incident was witnessed by public at large and there was substantial risk that the suspect would attempt to influence witnesses or tamper with evidence, especially the key evidence in this case were a viral video and accounts of eyewitness.
Separately, Inspector Ghulam Mustafa Shar of the Gizri police produced Farooqi and his guard before the judicial magistrate (South) on completion of their previous two-day remand. He requested an extension of their police remand for more interrogation.
The victim also appeared before the magistrate and identified the suspects. The court asked Dheeraj if he was facing any kind of pressure. "It was my fault as my bike hit his car," he told the court. The victim said that he had pardoned the suspect and did not want to proceed with the matter. The magistrate rejected the investigation office's plea and sent the suspects to jail on judicial remand till June 16.