Incitement against state institutions: Gen Amjad Shoaib remanded in police custody

ISLAMABAD: Defence analyst and retired general Amjad Shoaib was remanded in police custody for three days by an Islamabad court on Monday, following his arrest after a magistrate registered a case against him on the charges of inciting the public against state institutions.

Judicial Magistrate Muhammad Abbas Shah allowed Ramna police station to register a case against the retired general under Sections 153-A and 505 of the Pakistan Penal Code (PPC), following his interview on a private news channel on Feb 25, provoking the public for civil disobedience against the state institutions. He was produced before an Islamabad district and sessions court under strict security. Investigating officer and the prosecutor were also present in the courtroom. The prosecutor read the text of the case and requested for physical remand of the accused for seven days. However, the court approved three-day physical remand of the ex-military officer.

The prosecution said an attempt was made to spread hatred between the government, the opposition and the government employees. The relationship between the opposition and the government is not good. They were provoked by the statement, and the opposition is being provoked to adopt a tougher strategy against the government.

The court was told that Lt-Gen (retd) Amjad Shoaib’s statement spread hatred between three groups, and he could be awarded jail term for five years under the case provisions. The accused would have to undergo photogrammetric and voice matching test, and therefore his physical remand was required

Mudassar Khalid Abbasi, lawyer for Amjad Shoaib, however, opposed the physical remand and requested the court to discharge case against his client. He said the court would have to see whether Lt-General (retd) Amjad Shoaib had committed any crime or not. If the court feels that the accused had not committed any crime, then the accused could be discharged from the case.

He stated that Amjad Shoaib only gave an example regarding a specific situation. He asked if his client did something which was prohibited under the law. The case has been filed only on political grounds, the lawyer said and added that Amjad Shoaib gave his opinion on the situation positively. He is about 80-year-old, and a case was registered against him and he was arrested and sent behind bars within an hour. He argued that if it was wrong to criticise the government legitimately, then the opposition should be removed from the democratic system.

After the lawyer completed his arguments, President Islamabad District Bar Association Qaiser Imam gave arguments and said that the accused was confessing to his statement and there was no need for any photogrammetric and voice matching test.

Prosecutor Adnan said evidence of voice matching and photogrammetric test was necessary for the trial. The prosecutor opposed the request to discharge Amjad Shoaib from the case. Ali Azad, another lawyer for Amjad Shoaib, said his client was the most patriotic citizen of Pakistan.

Later, the court issued a detailed decision, in which it was said that the police requested for remand of the accused in the case of non-bailable provisions. Voice matching test is to be conducted from Islamabad. Amjad Shoaib’s there-day physical remand was approved till March 2. However, said the court order, Amjad Shoaib should be medically examined before and after the three-day physical remand.

Earlier, in the wee hours on Monday, the Islamabad police, Elite Force and personnel of paramilitary forces cordoned off the residence of Gen (retd) Amjad Shoaib in Islamabad, conducted a raid at around 3am and arrested him under the warrants issued from a magistrate.

The people engaged in the investigation of the case, said the case had been registered on the complaint of the state of Pakistan. About PTI Chairman Imran Khan’s ongoing court arrest drive, Lt-Gen (retd) Shoaib had said it would not work, and suggested they need to change its strategy. “Let suppose they say no one will go to public offices in Islamabad and if people act on your call, it will make the government to think about it,” he averred.

“Through his remarks and analysis, Lt Gen (retd) Amjad Shoaib provoked the 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, it said. Lt Gen (retd) Shoaib was previously summoned by the Federal Investigation Agency (FIA) to appear on Sept 7 after he made claims about a meeting between the Pakistani prime minister and an Israeli team. However, he failed to appear before the FIA’s Cybercrimes Wing.

Meanwhile, the Human Rights Commission of Pakistan (HRCP) strongly condemned the arrest of Lt-Gen (retd) Amjad Shoaib on charges of inciting the public against state institutions under Sections 153-A and 505 of the PPC. “Like any citizen, Lt-Gen (retd) Shoaib has the right to criticise the government and opposition, as well as government officials,” the HRCP said in a statement issued Monday.

“We note with growing concern that state institutions have become increasingly unable to swallow opinions they do not agree with, citing such vague grounds as ‘public mischief’. Lt-Gen (retd) Shoaib must be released immediately and unconditionally,” the statement said.