A district and sessions court in Islamabad on Thursday ordered the immediate release of Lieutenant General (retd) Amjad Shoaib after he was arrested on allegations of inciting rebellion within institutions. In its decision, the court nullified the three-day physical remand of Gen Shoaib, saying that “there was no corroborated evidence to prove the charges for remand”. 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) 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.
In 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.
