Odho liquor possession case: SC stays trial court from passing orders

ISLAMABAD: The Supreme Court Tuesday restrained the trial court from passing any orders on the case of renowned actress Atiqa Odho, till her plea was pending adjudication before it. 

A three-member bench headed by Justice Ejaz Afzal Khan and comprising Justice Qazi Faez Isa and Justice Ijazul Ahsan, was hearing a civil petition filed by Atiqa Odho, praying that directions be issued to the trial court to decide her application for acquittal on merit. 

In his arguments, Barrister Ali Zafar, counsel for the actress submitted that his client had been involved in a false case as a result of suo motu action taken by the then chief justice Iftikhar Muhammad Chaudhry based on news reports. 

He contended that in these suo motu proceedings, directions were issued to the authorities concerned to register an FIR against Atiqa Odho for allegedly carrying banned liquor while travelling from Islamabad to Karachi. 

The counsel argued that the case against his client was false and frivolous and after the prosecution concluded its evidence, she was entitled to acquittal under the provisions of Section 265-K of the Criminal Procedure Code (CrPC). 

The counsel however submitted that because of the fear and pressure the case was registered at the behest of the Supreme Court, no lower court was willing to deal with her application and decide it on merit. 

He recalled that all the lower courts had rejected her application for acquittal on the basis that the trial was not yet finished and the matter will be decided after closing of Atiqa’s evidence in defence. He submitted that the courts below should have disposed of Odho’s application on merit instead of postponing the decision on technical grounds. 

He pleaded the court to remand the matter to the trial court for decision in accordance with law.  Meanwhile, the court after hearing the arguments of the counsel issued notice to the state and directed the trial court not to pass any orders till the decision of the instant case. The court decided that the plea will now be fixed for further hearing within 10 days.