Lt. Gen. (Ret.) Amjad Shoaib was cleared of the charge of “inciting the public against national institutions” by an Islamabad district and sessions court on Thursday.
The decision was made by Additional District and Sessions Judge Tahir Abbas Sipra in response to the former three-star general’s review plea against his physical remand.
Prior to hearing the plea arguments, the judge held off on rendering a decision on the petition. The prosecution had fought the defense team for Shoaib’s discharge during the hearing.
A local Islamabad court had earlier this week ordered the former army officer to be detained for three days. The former military officer was detained by the Islamabad police on Monday on suspicion of “inciting the public against national institutions,” and he was then brought before Judicial Magistrate Abbas Shah in court. The prosecution requested a seven-day physical remand during the hearing and informed the court about the case that had been filed against Amjad Shoaib.
The attorney also informed the court that the former military officer must travel to Lahore to undergo a photogrammetric test. Next, the prosecutor asked the judge to approve a seven-day physical detention. The request for physical remand was opposed by Lt Gen (retd) Shoaib’s attorney Mudassir Khalid Abbasi, who instead asked the court to dismiss the case. The attorney declared, “The sections added to the FIR do not apply to Amjad Shoaib. His client had only provided an example of one particular circumstance, he continued.
The lawyer argued that the case against Shoaib was registered on “political grounds”, adding that his client was also being harassed. “If legitimate criticism is wrong then eliminate opposition from the system,” Abbasi added.
A first information report (FIR) was registered against Lt Gen (retd) Shoaib on February 25 at Islamabad’s Ramna Police Station.
The FIR was registered under Sections 153A (promoting enmity between different groups, etc) and 505 (statements conducing to public mischief) of the Pakistan Penal Code (PPC).
According to the FIR, filed on the complaint of Islamabad Magistrate Owais Khan, the former army officer “incited” people to revolt against institutions and attempted to provoke “disharmony, and anarchy and create a law and order situation” in the country through his controversial statements made on a TV show.
“Through his remarks and analysis, Lt Gen (retd) Amjad Shoaib has suggested government employees against carrying out their official duties. The aim of his controversial advice to the people, government employees and an opposition party is to promote enmity among the people.”
The statement of the former military official, the FIR stated, is part of a “planned conspiracy” to weaken the country.
