ISLAMABAD: The pushcart vendor who was sentenced to three months in prison by the Special Magistrate of the Capital Development Authority (CDA) for illegally selling milk ice cream (Qulfi) near Faisal Masjid has been released on bail.
Islamabad High Court (IHC) Justice Tariq Mehmood Jahangiri suspended the vendor, Farman Ullah’s, sentence against Rs5000 surety bonds.
The CDA Special Magistrate, Sardar Asif, had convicted him for selling Qulfi on state land without seeking prior permission.
Farman Ullah filed an appeal before the session’s court, where the Additional District and Sessions Judge (ADSJ) Zeba Chaudhry admitted it for hearing but denied the plea to suspend the sentence.
Following this, Barrister Umar Ijaz Gillani filed an appeal before the IHC, arguing that Farman Ullah was the sole breadwinner of his family, which includes his five children, spouse, and diabetic mother.
The appeal stated that the accused was arrested by CDA’s Directorate of Enforcement on July 11 and produced before the Special Magistrate the next day.
It also pointed out that the alleged “confession of guilt” was made without providing the accused the right to consult a lawyer and the right to due process and a fair trial.
The counsel further argued that selling Qulfi from a mobile cart does not constitute occupation or encroachment upon the land, thus negating the charges against the vendor under section 46-A.
In response, Justice Jahangiri suspended the sentence and ordered Farman Ullah to face trial before the Additional District and Session Judge (ADSJ) on scheduled hearing dates.
Source: DAWN
