The District and Sessions Court on Wednesday conditionally granted bail to Pakistan Tehreek-e-Insaf’s leader Chaudhry Fawad Hussain in a case of inciting the public to violence against the Election Commission of Pakistan (ECP).
Additional Session Judge Faizan Gilani, in his order, observed that the court was accepting the bail petition on the condition that the accused would not repeat the words against the constitutional institution.
Parliamentarians should not utter such words and Fawad might not have done so, he added, instructing the accused to submit surety bonds of Rs 20,000.
At the outset of hearing, the judge observed that Chaudhry Fawad was a senior parliamentarian and seasoned lawyer, and what was the purpose his commenting about the families of ECP officials.
He asked from Fawad’s counsel about the literacy rate in the country. Why the accused had uttered such words, he questioned.
The judge said previously threatening remarks were given about a female judge and an apology was also tendered on the matter.
The prosecutor opposed the bail petition, pleading the ECP officials were targeted by Chaudhry Fawad, who also tried to create hatred among the public against the constitutional institution.
He said it was the constitutional responsibility of the ECP to conduct elections in the country. The freedom of expression did not mean to tarnish the image of any person, he said.
The prosecutor said the accused on a television channel had incited the people to “rebellion”. A social media campaign was also launched following the speech and the police had gathered the evidence in that regard.
ECP’s lawyer Saad Hassan said photogrammetric and voice tests of Chaudhry Fawad had been conducted.
The judge questioned why the two tests were conducted as the accused had admitted his statement.
The ECP’s lawyer said the accused could deny his statement during the trial due to which the tests were conducted. There was no need for further investigation as the accused had admitted the act.
He said not only the ECP but also the other state institutions were being targeted. The situation could worsen if an influential person provoked the public, he added and prayed the court to dismiss the bail petition.
Fawad’s counsel Dr Babar Awan read out the contents of first information report (FIR) and argued that that the ECP Secretary Umar Hameed, who was the complainant, was a retired bureaucrat and was not a state in his personal capacity.
His client was implicated in a false case, he added.
Dr Babar said there were also court decisions on the sections which were applied in the FIR. Neither the ECP was the state nor it was the government instead it was an authority, he added.
He said only Section-501 could be applied in the case.