May 9 violence: SC grants bail to 5 accused

ISLAMABAD: The Supreme Court (SC) on Wednesday approved the bail of five accused nominated in a violent protest case registered in Rawalpindi in the context of May 9.

A three-member bench of the apex court, headed by Justice Jamal Khan Mandokhel and comprising Justice Hasan Azhar Rizvi and Justice Musarrat Hilali, heard the bail applications of five accused.

According to the case, an FIR had been registered against the accused, Owais, Nasrullah, Saifullah, Kamran and Waqas, in the New Town police station in Rawalpindi. The court granted bail to the five against surety bonds of Rs50,000 each. They were accused of vandalism at the Hamza Camp, Rawalpindi, on the night of May 9 and 10.

During the course of hearing, Justice Mandokhel, while referring to imposition of terrorism provisions in the FIR registered against the accused, asked the investigation officer whether he knew under what circumstances anti-terrorism provisions were imposed. The judge observed that recently, an officer was martyred in an incident of terrorism, adding that the Army Public School incident was terrorism and suicide bombing on lawyers in Quetta was also terrorism. “Fight your political game in the political arena, don’t fight political battles in courts,” Justice Mandokhel said.

Justice Hasan Azhar Rizvi observed that the section related to obstructing a public officer was applied in the case. Punishment for this is two years. All witnesses are police officers, there are no independent witnesses. Justice Musarrat Hilali observed that witnesses could also be police officers but show the evidence.

The counsel for the accused told the court that his clients had no connection with any political party. Justice Mandokhel questioned whether affiliation with any political party was crime. “We have banned political parties and student unions, that’s why we have reached this stage,” he remarked.

Justice Rizvi observed that there were general testimonies of policemen in the incident but no video testimony. Justice Mandokhel observed that there was a list given in advance to nominate them.

The investigation officer, however, submitted that the nominated accused were participating in a rally. Justice Rizvi asked the investigating officer how the provisions of conspiracy were imposed. The IO replied that a head constable of the Special Branch, who was on duty at Zaman Park, made a statement that a conspiracy for May 9 was prepared there.

Justice Mandokhel asked the investigating officer whether he could believe the words of a head constable that the former prime minister was a traitor. He observed that they appreciated the sacrifice of law-enforcement agencies. He asked Additional Prosecutor General Punjab Khurram Khan if he wanted to say something more to which he replied in negative.

Meanwhile, the court declared that the trial court should not be influenced by observations given during court proceedings. The court ruled if the accused were not involved in any other crime, they should be released on bail.