Supreme Court (SC) has accepted bail plea of the person alleged in blasphemy case on the basis of poor investigation and non inclusion of clause in indictment.
The court has remarked every case in regard to religion has relevance with the state. The matters related to religion cannot be given in the hands of the individuals. The state machinery should see with utmost care and capability the matters related to the religion. The state machinery should not lay before the individuals in the matters related to religion.
The bail plea came up for hearing before a two members bench of SC presided over by Justice Qazi Faez Isa here Friday.
During the hearing of the case Justice Qazi Faez Isa remarked the trial court has not imposed the clause in indictment. When the accused does not know what offence he has committed then how he will contest his case.
Justice Qazi Faez Isa inquired from the law officer does the case fall under 295-C..
The Deputy Attorney General (DAG) told the court FIA conducted investigation into the matter on a complaint.
Justice Qazi Faez Isa remarked you are lawyer of state. Your stance should not be flimsy stance. You should know what clause is applied in what offence. FIA solicited opinion from Council of Islamic Ideology (CII) in this case.CII also said that clause 295-C does not apply here.CII is a constitutional institution. When opinion of a constitutional institution has not to be followed then close it. Every case related to religion is linked to the state.
Justice Yahya Afridi remarked SC has recently given a decision in blasphemous case. Trial court rejected the bail despite CII opinion. When challan is filed then it is the mandate of the court to see the case. We cannot give our opinion on this stage in the matter. If we give opinion then the case pending hearing will be influenced in high court. This is case of further investigation.
The court accepted the bail plea of the accused Zahid Mehmood against the surety bonds in the sum of Rs 100000.
The court maintained in its order there is allegation of joining whatsapp group by the accused Zahid Mehmood. Whosoever placed blasphemous post. Post is in Arabic language but the investigation is silent that the complainant knows Arabic language or otherwise. How the complainant came to know about the post. The investigation is silent too in this respect.
FIA cyber crime Multan had registered case against the accused on June 06,2022 on a complaint against him. Trial court and high court had rejected the bail plea.
