A district and sessions court in Islamabad on Thursday discharged retired Lieutenant General Amjad Shoaib from a case pertaining to public mischief and inciting the public against state institutions.

Shoaib was taken into custody earlier this week after a case was registered against him at Islamabad’s Ramna Police Station for offences related to creating public mischief and inciting the public against institutions.

The first information report (FIR), a copy of which is available with Dawn.com, was lodged by Magistrate Owais Khan. It invoked section 153A (promoting enmity between different groups, etc) and 505 (statements conducing to public mischief) of the Pakistan Penal Code.

The complaint alleged that the retired general — in an interview on BOL TV show ‘Imran Khan Bol Kay Saath’ aired on Saturday (Feb 25) — passed statements that “incited the government officials and opposition from performing their government and legal duties”.

Following his arrest, Shoaib was remanded in a police custody for three days.

The hearing

In today’s hearing, Shoaib’s lawyer Mian Ashfaq said a case couldn’t be filed against his client on the basis of remarks given by him. “This case is bogus.”

Additional Sessions Judge Tahir Abbas Supra conducted the hearing.

The petitioner’s lawyer said his client did not target any community, adding: “He is owning the statement he has given during the TV programme. We are standing by our statement and will utter the same, if we are called again”.

The counsel pointed out that there were around 600,000 army officers and millions of government servants in the country. He said it was tantamount to a “big tragedy” if any one of them [officials] turns up and files a plea claiming he/she has been affected by the statement of a retired officer.

The lawyer argued that the TV programme in question had ended at 11am, claiming that “the entire nation had been sleeping and no one came to lodge any complaint even the next day”.

Shoaib, when allowed to speak, clarified to the judge that he had never supported long marches and sit-ins, saying: “I was talking about history that nothing has ever been achieved from sit-ins and rallies.”

He also denied having met any political leaders.

Following his arguments, Shoaib’s lawyer urged the court to dismiss the case.

The judge asked prosecutor Adnan the reasons for seeking to keep Shoaib behind bars.

The official responded that it was necessary to detain the suspect to investigate the case and conduct a photogrammetric test.

Reportedly, photogrammetry is the science and technology of obtaining reliable information about physical objects and the environment through the process of recording, measuring and interpreting photographic images and patterns of electromagnetic radiant imagery and other phenomena.

“Why didn’t you take him to Nadra for his verification?” the judge asked the prosecutor, who in turn responded that it was the right of an investigator to probe the case.

After hearing arguments, the court took a brief recess before announcing a verdict dismissing the charges filed against Shoaib.

The FIR

The FIR quoted retired Lt-Gen Shoaib as saying that the “Jail Bharo” court arrest movements could not produce the required outcomes because it was only the people who were bearing pain and agony in it, while “narcissist and shameless rulers sitting atop didn’t care the least about it”.

The magistrate, the complainant, stated that the retired army officer had advised the PTI to “work out a strategy”.

“For example, you can stop people from going to government offices in Islamabad,” the FIR quoted Lt-Gen (R) Shoaib as saying.

The complaint said that the retired general’s statement had “tried to create further enmity, anarchy and hatred between the government and the opposition”, adding that Shoaib had passed these remarks “according to a well-thought conspiracy and planning to further weaken the country”.

Subsequently, the complainant asked for legal action to be taken against the retired general for his remarks.

Various politicians including PTI Chairman Imran Khan, former information minister Fawad Chaudhry and ex-senator Mustafa Nawaz Khokhar had condemned Shoaib’s arrested and called out the government for setting a wrong tradition by arresting people on the basis of mere criticism.