ISLAMABAD: Supreme Court (SC) has accepted bail plea of person alleged in blasphemy case on basis of poor investigation and non-inclusion of clause in indictment.

Court has remarked every case in regard to religion has relevance with state. Matters related to religion cannot be given in hands of individuals. State machinery should see with utmost care and capability matters related to religion. State machinery should not lay before individuals in matters related to religion.

Bail plea came up for hearing before two members bench of SC presided over by Justice Qazi Faez Isa here.

During hearing of case Justice Qazi Faez Isa remarked trial court has not imposed clause in indictment. When accused does not know what offence he has committed then how he will contest his case.

Justice Qazi Faez Isa inquired from law officer does case fall under 295-C.  Deputy Attorney General (DAG) told court FIA conducted investigation into matter on 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 constitutional institution. When opinion of constitutional institution has not to be followed then close it. Every case related to religion is linked to state.

Justice Yahya Afridi remarked SC has recently given decision in blasphemous case. Trial court rejected bail despite CII opinion. When challan is filed then it is mandate of court to see case. We cannot give our opinion on this stage in matter. If we give opinion then case pending hearing will be influenced in high court. This is case of further investigation.

Court accepted bail plea of accused Zahid Mehmood against surety bonds in sum of Rs 100,000. Court maintained in its order there is allegation of joining whatsapp group by accused Zahid Mehmood. Whosoever placed blasphemous post. Post is in Arabic language but investigation is silent that complainant knows Arabic language or otherwise. How complainant came to know about post. Investigation is silent too in this respect.

Published in The Daily National Courier, December, 17 2022

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