In a case pertaining to the attempted murder of PML-N’s senior vice president Gujarat, the Lahore High Court (LHC) on Wednesday granted protective bail to PML-Q leader Musa Ellahi, son of former federal minister Chaudhry Wajahat Hussain, for a period of two months until February 15.
A lawyer representing Musa argued in the court of Justice Tariq Saleem Sheikh that the case had been filed by PML-N’s Muhammad Ali Tabssum, who is currently running for the MPA seat in PP-31, Gujrat, as a candidate of the party.
A major point he made was that the respondents’ motives for filing this FIR were malafide and had ulterior motives and he urged the court to recognize that the petitioner was eager to prove his innocence in the ‘absolutely false and frivolous case registered with malafide intentions with the sole intention of blackmailing him’.
The petitioner and co-accused claim that the case against them is fabricated and false, and that it is a result of political rivalry as well as dirty politics within the Gujrat region as a result of political rivalry and a dirtier political environment.
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“The petitioner is a dignified individual and has been implicated by political rivals with the sole agenda to humiliate, disgrace, and seek wrongful arrest to settle political scores. However, it would not be amiss to point out that a false, frivolous and baseless case was filed by a police officer at the Kukrali police station in District Gujrat on January 16, 2023. It was filed under the Penal Provisions of the Pakistan Penal Code, 1860. along with Section 25 (D) TA, 1885 and provisions of the Anti-Terrorism Act were also subsequently added at the behest and instructions of political rivals. The petitioner has already sought pre-arrest bail from Anti- Terrorism Court, Gujranwala. With mischievous agenda to unjustifiably secure arrest of petitioner in a new criminal case, the instant FIR has been chalked with ulterior motive and malafide intentions to frustrate ad-interim bail secured from Anti-Terrorism Court, Gujranwala.”
“That even otherwise, the contents of the instant FIR appear false and unnatural on the face of it and clearly points towards absolutely false narration which has to be viewed with utmost care and caution.”
“That the First Information Report has been lodged after a noticeable, unexplained delay of more than 11 days. The ulterior and malafide intention becomes seemingly visible from the inordinate and unexplained delay in the registration of FIR. Alleged occurrence took place on January 23, 2023 whereas the FIR was chalked on February 2, 2023. These circumstances construct a shadow of doubt in the prosecution story, of which benefit must be given to the petitioner. It is settled law that a single circumstance creating reasonable doubt in a prudent mind about the guilt of accused makes him entitled to its benefits, not as a matter of grace and concession but as a matter of right. The conviction must be based on unimpeachable, trustworthy and reliable evidence. Any doubt arising in prosecution case is to be resolved in favour of the accused,” added the PML-Q leader’s counsel.
