Pakistan Tehreek-e-Insaf (PTI) Sindh Assembly member Syed Imran Shah on Monday informed the top court that his act of using force against a citizen in Karachi was a non-cognisable and compoundable offence under Section 352 of Pakistan Penal Code.
The newly elected MPA from the constituency PS-129 has submitted a three-page reply on the suo moto notice, taken by Chief Justice Mian Saqib Nisar, on physically assaulting a citizen in Karachi, stating that assault on the citizen was in self-defense without any intention.
The CJ, while taking the notice on August 18, directed Shah and aggrieved Daud Chauhan to submit their replies with the top court within 3 days. The notice was taken on a video clip which went viral on social media, in which PTI MPA Shah and his guards were manhandling Chauhan on a busy road at Karachi.
Shah in his reply stated that he saw a car near National Stadium with an official number plate driven by someone who was repeatedly hitting another car parked at roadside, and there was a person was sitting in the parked car. He said that he apprehended that the driver of the car, who he thought was trying to hit the parked car either to hurt or kill the person inside.
Shah narrated the background of the incident and stated that he came out of his car to ‘save a human life’ but the driver, Daud Chauhan, of the car that was hitting the other car showed immense anger and started abusing and exchanged harsh words. Shah claimed that he approached him to stop him from the abuse.
“The answering respondent (Shah) thought that if he was not stopped, there and then, he (Chauhan) might hurt the answering respondent or someone else present there. The answering respondent reacted in self-defense; contrary to his normal behaviour. The action was so sudden that the answering respondent was left with no option but to defend himself and use force to counter the attack.”
He further stated that later, he considered it to be a moral obligation to apologize so he went to Chauhan’s residence. Chauhan also graciously accepted the apology and the matter was resolved. “The video film of the incidence was focused on the answering respondent (Shah) and as such the reaction of Chauhan was neither captured nor aired to portray the complete picture.”
“The answering respondent’s act was unintentional, without any preparation in any manner whatever. Such an action can be done in self-defense. The act of using criminal force is non-cognizable and compoundable offence under section-352 and the parties have settled the matter amicably.” Shah requested the top court to accept the submissions and exonerate him by granting pardon.