In a significant ruling, the Supreme Court of Pakistan has granted post-arrest bail to five individuals accused of engaging in acts of vandalism following the May 9, 2023, arrest of former Prime Minister Imran Khan. The court underscored that participation in a political rally is not inherently criminal, emphasizing the need to distinguish between political activism and unlawful conduct.
The bail applications were reviewed by a three-member bench led by Justice Jamal Khan Mandokhail and comprised of Justice Hasan Azhar Rizvi and Justice Mussarat Hilali. During the proceedings, Justice Mandokhail questioned the application of terrorism charges under the Anti-Terrorism Act, 1997 (ATA), emphasizing that such charges should only apply in cases involving firearms.
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Justice Rizvi pointed out the absence of independent witnesses in the case, highlighting that all testimonies were provided by police officers, lacking corroborating evidence such as video recordings. Justice Hilali stressed the importance of presenting credible evidence, even if provided by law enforcement officers.
Responding to claims that the accused had no political affiliations, Justice Mandokhail challenged the notion that political association itself constitutes a crime, cautioning against overreaching restrictions on political parties and unions.
The court also scrutinized the inclusion of conspiracy-related charges in the FIR, questioning the basis for such allegations. Concerns were raised regarding the reliance on testimony from a single head constable to establish a conspiracy involving a former prime minister.
Acknowledging the sacrifices of law enforcement agencies, Justice Mandokhail emphasized the importance of allowing the justice system to function impartially, free from undue influence.
Ultimately, the Supreme Court granted bail to the accused individuals upon the submission of surety bonds worth Rs50,000 each. The court emphasized that the trial court should not be swayed by comments made during bail proceedings and affirmed that individuals not implicated in other offenses should be granted bail.
The FIR, lodged at Rawalpindi’s New Town Police Station, named the suspects Owais, Nasrullah, Saifullah, Kamran, and Waqas in connection with the May 9 rioting incident.
