LAHORE: The Punjab government on Tuesday challenged the Anti-Terrorism Court’s verdict in the Lahore High Court, whereby it had discharged PTI leader Dr Yasmin Rashid from the Jinnah House attack case, describing the ATC decision as “illegal, contradictory and liable to be set aside”.
The Punjab government filed the appealed in the LHC against the ATC orders through Deputy Prosecutor General (DPG) Sultan Asghar. The DPG made the request on grounds that the judge discharged Dr Yasmin Rashid from the case in “haste without giving any reasonable opportunity to the investigation agency for collection of evidence”.
“Hence, the impugned order … is against the law,” the plea said.
The LHC is scheduled to take up the plea for hearing tomorrow (Wednesday).
The petitioner has made Dr Yasmin Rashid, the ATC judge, DSP (Investigations) Kamran Adil, who is convener of the JIT formed to probe the case, and Investigation Officer (IO) Inspector Muhammad Sarwar as respondents in the plea.
On Saturday last, the Anti-Terrorism Court (ATC) Lahore discharged PTI Central Punjab president along with 23 other suspects, from Jinnah House, known as Corps Commander House, attack case.
The court, in its detailed verdict, rejected the plea for Ms Rashid’s physical remand in case lodged at Sarwar Road police station. The court had also ordered her release if she had not been booked in any other case. The judge observed that she was summoned in the case based on the disclosure of a co-suspect, which had no evidentiary value in the eyes of the law.
But next day, the Punjab police announced it would be approaching the high court against the ATC’s order of discharging Rashid from the case.
On Tuesday, the Punjab government filed a plea in the LHC, submitting that North Cantonment Deputy Superintendent of Police Muhammad Ashfaq Rana got a first information report registered on May 9 after he received information that 1,400-1,500 PTI workers, led by Mian Mehmoodur Rasheed and Mian Aslam Iqbal, had “constituted an unlawful assembly and blocked the road leading to Jinnah House”. The plea stated that the party workers were armed with “firearms and blunt weapons”.
It alleged that the said mob raised “slogans against the state institutions” and said the PTI chief and other party leaders had “directed us to attack the offices and buildings of the Pakistan Army”.
According to the plea, police officials asked the mob to disperse, but despite their repeated warnings, the suspects “attacked police officials and set police vehicles on fire”.
It further stated that 53 police officials were injured in the attack while the suspects “forcibly entered Jinnah House after breaking the main gate” and took away valuables worth Rs15 million. It also alleged that two persons died in firing by Dr Yasmin Rashid and Iqbal.
Recounting that Yasmin Rashid was arrested in the case and later discharged by an administrative judge, the plea termed the judge’s order “illegal, not sustainable in the eye of law and … liable to be set aside”.
Moreover, it added, while issuing the order, the ATC had not let the investigating officer collect forensic evidence, namely photogrammetry, voice matching and polygraph test results, “as well as any other evidence that is necessary in this case”.
The plea further said that a mobile phone, vehicle and megaphone was yet to be recovered from Rashid, who had “instigated the public/mob [using a] megaphone and asked the mob/public to move towards Jinnah House to attack it”.
It highlighted that every person charged under the Anti-Terrorism Act, 1997 was “bound to disclose all information to the investigating officer” and as per Section 32 of the Act, its provisions “have an overriding effect over other laws”.
Dr Yasmin Rashid is among several PTI leaders and workers who have been arrested amid a crackdown following protests erupted after the party Chairman Imran Khan was arrested by Rangers from the Islamabad High Court in a corruption case on May 9.
The former Punjab health minister was initially detained in connection with the events of May 9 under the Maintenance of Public Order.
On May 13, however the LHC had ordered her release, but she was re-arrested merely hours later in three more cases pertaining to May 9, including the Jinnah House attack case.
