Pak: Peshawar High Court dismisses pleas for cancellation of PTI workers' bail in May 9 cases

Peshawar [Pakistan], April 8 : Peshawar High Court has rejected Khyber Pakhtunkhwa government petitions for cancellation of bail granted to three workers of Pakistan Tehreek-e-Insaf (PTI) in cases regarding May 9 violence in two cantonments in Dir Lower, Dawn reported.

Hearing the petition, a single-member bench of Justice Mohammad Naeem Anwar turned down two petitions, which were filed by the caretaker provincial government for recalling bail granted to the three suspects.

The Pakistan-based news daily reported that in one of the petitions, the government had requested for cancellation of bails granted to Amir Afzal and Usman Khan by an anti-terrorism court on November 8, 2023, in the May 9 violence case.

In the other petition, the government had requested to recall the bail granted to Ikhlaq Ahmad by an Anti-Terrorism Court of Pakistan (ATC) on November 1, 2023, in a May 9 violent protest in Balambat Cantonment in Dir Lower.

Apart from several other offences, the three suspects have also been charged with sedition.

The petition against Ikhlaq was dismissed as the assistant advocate general, Naeem Khan, didn't press it. He pointed out that earlier 11 bail cancellation applications were filed before the high court, which was dismissed on December 4, 2023, Dawn reported.

He stated that he had gone through that judgment and record of the present case, therefore, he would not press the case.

In the other case, the bench observed that admittedly names of the two respondents didn't reflect in the FIR rather they were nominated in the case at a belated stage, Dawn reported.

"Neither their independent role has been specified nor during arguments, any incriminating recovery has been pointed out based on which liberty of the accused could be curtailed," observed the bench.

"Not only registration of the FIR under certain offences without written complaint on behalf of the competent authority in violation of the relevant provisions of the Code of Criminal Procedure, 1908, is a matter for resolution by learned trial court but the grounds for cancellation of the respondents' bail in the present case are also not available before this court," the bench further observed.

The bench also pointed out that an additional advocate general appearing for the government candidly stated that the matter of cancellation of bail of co-accused persons of the present respondents had already been decided by the high court on December 4, 2023, therefore, the instant petition would not serve any person.

The FIR in the instant case was registered at Chakdara police station wherein SHO Mujeebullah Khan was the complainant.

Dawn reported that the complainant had stated that a protest rally was arranged by PTI in the wake of the arrest of the party's chairman Imran Khan. He claimed that the rally included around 3,500 to 4,000 protesters.

He alleged that the protesters attacked the staff deputed at the entrance of Chakdara Cantonment, put on fire several vehicles and buildings and also broke into the ammunition store and looted different weapons and ammunition in large quantities.

While granting bail to the two respondents, the ATC had observed that a tentative assessment of the record available on file revealed that a general role had been attributed to any of the accused and no specific role had been attributed to them and as such their involvement in the occurrence became doubtful.

The caretaker government had claimed that the orders of ATC were against the law, facts and available evidence hence liable to be set aside.

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