ISLAMABAD: An Islamabad district and sessions court dismissed the bail petitions of the top-tier PTI leaders including Shah Mahmood Qureshi, Asad Umar and Asad Qaiser on Tuesday in two separate cases related to May 9 vandalism.
Footage widely circulated on social media on Tuesday showed Shah Mehmud Qureshi and Aasd Umar hurriedly walking towards a vehicle and fleeing the area after the court dismissed their bail.
🚨🚨#EXCLUSIVE: Former foreign minister and #PTI vice chairman @SMQureshiPTI and former finance minister @Asad_Umar fleeing from the #Islamabad district courts after their bail was cancelled. pic.twitter.com/iVD5iq8fKO
— Asad Ali Toor (@AsadAToor) June 20, 2023
Till the filing of the report, none of the three leaders had been arrested.
Hearing on Pleas of Qureshi and Asad Umer
Earlier during the hearing, Judge Tahir Abbasi Supra took up the bail pleas of Umar and Qureshi and another PTI leader Bahadur being booked in a case registered at the Tarnol police station Islamabad on the complaint of Sub-Inspector Murtaza Qamar under section 353, 382, 440,109— and 123-A of the Pakistan Penal Code (PPC).
As per the court order, during the hearing, the counsel for the petitioners argued that his clients were “innocent” and “falsely involved” in this case on the “basis of a concocted story”.
He said that the case against his clients was a result of “mala fide” and an “ulterior motive on the part of the complainant and police”.
Later, he requested the court to accept the bail pleas so that ad-interim pre-arrest bail already granted to their clients may be confirmed.
Contesting the council’s arguments, Public Prosecutor Zahid Asif Chaudhry sought the dismissal of bail pleas, as per the court order.
Later, the court issued its ruling, observing that Bahadur had been accused of blocking the Grand Trunk Road along with 250 to 300 others after the arrest of PTI chief Imran Khan.
Citing the first information report (FIR), the order stated that these people faced allegations of raising anti-state slogans in violation of Section 188 of the PPC and assaulting a police party.
The order said “they were acting in compliance with a video message of the PTI chairman, as well as under the orders of … Asad Umar and Shah Mahmood Qureshi. The crowd caused injuries to the police officials and also snatched anti-riot kits and damaged official vehicles”.
Concerning these allegations, the court observed that while freedom of assembly was the right of every citizen, “these rights are not unfettered and the state may impose restrictions upon the exercise of these rights in the interest of public order”.
“The exercise of these rights is subject to certain conditions. The use of force and the violation of public peace and tranquility or damage to state property and machinery or assaults on public officials cannot be covered in any manner under the liberties provided in the Constitution of Pakistan.” The court further said
It added that the protests on May 9 turned “violent” and during the episode, law enforcement agencies, armed forces and their installations were attacked in a “very pre-planned manner”.
“Both of them (Qureshi and Asd Umar) being in very senior party positions in the political party concerned had the commanding position,” the court order said. “Their tweets and social media messages have also been placed on record, showing they prompted and instigated and their followers to commit such anti-state processions.”
The court concluded that the plea of alibi taken by the two leaders also did not have any effect on the merits of the case as they did not face allegations of direct involvement in this case.
Meanwhile, pre-arrest bail “is an extraordinary relief”, the court said, adding that “nothing specific has been argued regarding the mala fide ulterior motive on the part of the police” against the petitioners.
The grant of bail at this stage would hamper the process of investigation, the court stated, dismissing the bail pleas and ruling that ad-interim pre-arrest bail already granted to the petitioners was also recalled.
