Lahore: Stay order in Midhyana case extended
LAHORE: A division bench of the Lahore High Court on Wednesday again extended a stay order pertaining to stopping an anti–terrorism court of Sargodha from passing final order in a case against former PPP MPA Aslam Midhyana who is facing charges of torturing an elderly schoolteacher and fracturing his both legs. The bench comprising Justice Sheikh Najamul Hasan and Justice Abdul Sami Khan was hearing a writ petition of Midhyana seeking deletion of Section 7 of Anti–Terrorism Act 1997 from the FIR and transfer of case to a court of ordinary jurisdiction (sessions court). On Wednesday, complainant’s (teacher’s) counsel sought time to furnish some documents and the bench deferred hearing till May 9. Midhyana’s counsel Azam Nazir Tarar had already completed his arguments.
The petitioner’s counsel contended that the occurrence was outcome of personal enmity whereas a medical board constituted on the request of complainant-teacher had conformed that no bullet wounds were sustained by him. He said the injuries on his legs were caused by some blunt weapon.
The counsel pointed out that according to the prosecution story the occurrence took place in a bazaar but the owners of the adjoining shops appeared before a special investigation team and stated that neither Aslam Madhyana was present on spot nor any fire was shot. The counsel argued that shops were not closed after the occurrence which was enough proof to negate the stance of the prosecution that incident spread a wave of terror among the general public. Tarar said ATA was promulgated to try cases of organised terrorism and sectarianism and it should not be used to settle personal score.