PHC seeks records in bail cancellation applications case

PESHAWAR: The Peshawar High Court (PHC) on Monday sought record of a case in bail cancelation applications filed by the provincial government against Pashtun Tahafuz Movement (PTM)’s two members, including a woman rights activist Gulalai Ismail.

A single bench of Chief Justice Waqar Ahmad Seth issued a notice to the PTM members Gulalai Ismail and Fazal Khan in the bail cancelation applications.

The state had filed the bail cancelation applications through the Khyber Pakhtunkhwa advocate general office.

During the hearing, additional advocate general Waqar Ahmad, representing the state, submitted before the bench that as per the police report, Gulalai Ismail, Fazal Khan and other members of the PTM arranged a procession on the Swabi ground in front of Swabi Bus Stand, wherein some of the members of the meeting delivered provocative speeches to the procession and also tore Pakistani flag into pieces.

The state claimed in the bail cancelation application that the members of PTM made speeches against the judiciary and Pakistan Army.

Resultantly, it said the accused were charged under sections 131 (Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty), 123-B (defiling or unauthorised removing the national flag of Pakistan from government building), 153 (Wantonly giving provocation with intent to cause riot) , 506 (Punishment for criminal intimidation), 147 (Punishment for rioting), 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object), 188 (Disobedience to order duly promulgated by public servant) and 341 (Punishment for wrongful restraint) at the Swabi Police Station.

During arguments, the law officer submitted that the lower court order to grant bail to the accused was perverse and against the law.

He argued that sufficient evidence was available on record, which, prima facie, connected the accused with the offence. He pointed out before the court that the accused had committed grave offence against the state.

It was stated that the offence of the accused was against the state as they had challenged the writ of the state being a citizen of the state, and hence the bails to be set aside.

Additional District and Sessions Judge Ijazul Haq Awan had confirmed the pre-arrest bail of the accused.

In the order, it was stated that Gulalai Ismail case for a pre arrest bail was standing on much better footing on the ground that neither the petitioner has been charged directly in the FIR nor through statement under section 164 of the CrPC of any independent person, but rather she had been booked in the case merely on the basis of police report without any strong and corroborative evidence brought on record.

“Nothing is available on the case file, which could suggest any connectivity of accused/petitioner with the commission of the offence. No doubt, principle for grant of pre-arrest is different from that of post-arrest bail, however, it has constantly been held by the superior courts that when a case is fit for regular bail, such relief can also be extended to such accused in pre-arrest bail,” the judge explained in the order.