Daily Times

ISLAMABAD: The Supreme Court on Monday remanded a case pertaining to possession of wine against renowned actress and television celebrity Atiqa Odho to a trial court.

A two-member Supreme Court bench comprising Justice Manzoor Ahmad Malik and Justice Sardar Tariq Masood directed the trial court to review its decision and take all legal aspects of the case into account, while deciding it.

Barrister Ali Zafar, counsel for Odho, argued that his client was booked under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, on the orders of former chief justice of Pakistan Iftikhar Muhammad Chaudhry. He said Article 4 pertains to the punishment for owning or possessing an intoxicant.

He argued that Hudood Ordinance did not apply in the case against her client as an airport lounge was not a public place. However, he stated that the trial court was not accepting this objection of her client.

He contended that every trial court was hesitant to deal with the case on merit due to the fear that it was registered on the orders of the Supreme Court.

He contended that the case was false and frivolous, being made on the media reports, and after the prosecution concluded its evidence, it was obvious that no case could be made against her and accordingly she was entitled to acquittal under the provisions of Section 265-K of the Criminal Procedure Code (CrPC).

He requested the court to order the trial court to dispose of the case on merit, instead of delaying the decision on technical grounds. On September 26, 2017, the apex court had issued a stay order against the proceedings being conducted by the trial court against Atiqa Odho, who was booked for possessing two bottles of wine in 2011.

Published in Daily Times, January 9^th 2018.