A three-member Supreme Court bench on Tuesday issued notices to the government and directed the trial court not to pass any order on the application of Atiqa Odho until her case was pending before the apex court.
The bench headed by Justice Ejaz Afzal Khan gave this order on the petition of Atiqa Odho seeking directions to the trial court to decide her application for acquittal. Barrister Syed Ali Zafar, counsel for Odho submitted that his client had been involved in a false case as a result of suo motu action taken by the then chief justice Iftikhar Chaudhry based on news reports.
He said in these suo motu proceedings directions were issued to the concerned authorities to register an FIR against Atiqa Odho for allegedly carrying banned liquor while travelling from Islamabad to Karachi. He stated that the case against his client was false and frivolous and after the prosecution concluded its evidence, she was entitled to acquittal under the provisions of Section 265-K of the CrPC.
He said because of the fear and pressure that the case was registered at the behest of the Supreme Court, no lower court was willing to deal with her application and decide it on merit. He said all the subordinate courts had rejected her application for acquittal on the basis that the trial was not yet finished and the matter will be decided after closing of Atiqa’s evidence in defence.
He said the subordinate courts should have disposed of Atiqa’s application on merit instead of postponing the decision on technicality. He requested the court to remand the matter to the trial court for decision in accordance with law. The court held that the plea will now be fixed for further hearing within 10 days and adjourned the case.
