Khadim Mazari had filed a constitutional petition under Article 186 of Constitution for transfer of the case pending in the ATC, Kashmore, Sindh to IHC, or any court in the province of Punjab.
Justice Sheikh Azmat Saeed on Monday heard Mazari's appeal against the Registrar Office in his chamber.
Khadim Mazari contended that he had contested General Elections 2018 as a covering candidate for the National Assembly from constituency NA-197 Kashmore, Sindh. He stated that on the next day he posted results of the constituency on his Facebook page, as an enthusiastic supporter of the returned candidate.
However, some political opponents got screen shot of the Facebook page and edited it with intimidating and immoral language against the rival candidates; their supporters and even against the Returning Officer (RO) Muhammad Alam Chandio, senior civil judge.
They also sent the edited post to the RO to provoke him against the petitioner. The RO without hearing his version directed the DPO Kashmore to take legal action against him. The police then registered a case against him under Section 6/7 of Anti-Terrorism Act (ATA).
The matter was referred to FIA Cyber Crime Circle, Karachi, which after thorough investigation got forensic audit of his cell phone.
The FIA report proved that the FIR was lodged in haste and without proper probe. The investigative agency recommended that the offences in the FIR do not fall within the ambit of Section 6/7 of ATA and, therefore, the case should be withdrawn from ATC.
Besides the FIA report, the local police arrested him and kept him in illegal detention under the influence of judicial officer.
Mazari submitted that he moved the ATC Kandh Kot for bail, but the special judge, ATC, was not deciding his bail application.
The petitioner submitted that his case is of great hardship as he is suffering for the acts which he had not committed. He, therefore, prayed for transfer of his case from ATC Sindh to IHC or any court in Punjab.