ISLAMABAD: Rejecting the ‘unconditional apology’ and post-arrest bail application of Pakistan Tehreek-i-Insaf (PTI) leader Shahbaz Gill, a sessions court in its order on Tuesday observed that despite being a responsible person, he made a sensational statement that was enough to disturb the harmony and discipline of the Pakistan Army.

However, the court also made it clear that all the observations in the order on the bail plea were “tentative in nature” and would have “no effect on merits” of the sedition case against Mr Gill.

In an eight-page verdict, which was reserved after the counsel for Mr Gill argued that the city magistrate had accused his client of sedition, a charge that his client had never imagined, Additional Sessions Judge Zafar Iqbal said Mr Gill was a leader of a popular national-level party and he had not made the statement in an indoor meeting.

“His statement was sensational, which was sufficient for disturbing harmony and discipline in the most respected institution of Pakistan i.e. the Pakistan Army,” the order said, mentioning that the accused was a highly qualified and responsible person who gave his statement on the national media.

Eight-page order makes it clear that court’s observations will have ‘no effect on merits’ of the case

The court, in its order, observed that during investigation of the case, he was charged with 12 offences, but the relevant offence in this case attracted Section 131 (abetting mutiny or attempting to seduce a soldier from his duty) of the Pakistan Penal Code. The judge stated: “Keeping in view the opinion/statement of the accused peculiar circumstances ..., prima facie, the accused has, at least, committed the offence under Section 131 of PPC, which falls within prohibitory clause of Section 497 Criminal Procedure Code (that prohibits bail for offences punishable by death) and no codal formality under Section 196 CrPC (prosecution for offences against the State) is required for lodging of FIR for the offence.”

The order explained that that opinion expressed by the accused was not in the public interest and integrity of the country. “The law does not provide that an accused will become invariably entitled to grant of bail in every case,” it noted.

It was an admitted fact, the order said, the accused gave an interview on the fateful night to ARY News channel and that its transcript, the contents of which was also not denied, was available on record.

Advocate Burhan Moazzam Malik, the principal counsel for Mr Gill, earlier at the hearing tendered “unconditional apology” on behalf of his client if anyone’s feeling was hurt regarding his bonafide statement. He explained that Mr Gill was a PhD professor who had been awarded a number of awards by varsities in the United States, and was a “patriotic, peaceful and law-abiding citizen who came to Pakistan to serve the nation”. Therefore, the counsel said, he could not even imagine persuading the masses to break the law through mutiny or sedition.

Special Prosecutor Raja Rizwan Abbasi, however, reminded the court that since the petitioner had not questioned the transcript of the statement made on the electronic media or claimed it to be forged and fabricated, he had in other words “admitted the contents of the transcript”.

Also, he said, the complainant in the case against Mr Gill did not pick or choose regarding his statement on the national media rather he had only “highlighted the objectionable contents” at the time of lodging of the FIR against the PTI leader.

Ghulam Murtaza Chandiyo, the city magistrate of Islamabad, had got registered the FIR against Mr Gill on Aug 9 a day after the latter made a controversial statement on ARY News channel.

Published in Dawn, August 31st, 2022