The Islamabad High Court (IHC) on Friday heard the appeal of an ice cream vendor who was handed a three-month rigorous jail sentence by the special magistrate of Capital Development Authority (CDA) for setting up his cart at the premises of Faisal Mosque on the state land.

The punishment became the talk of the town when someone posted about it on Twitter. Many people believed it was rather harsh and that the ‘poor’ vendor and his children would suffer.

On Friday, as the court proceedings began, Farmanullah’s lawyer argued that his client had not committed any crime by setting up his cart to earn his livelihood on the state land.

However, the lawyer was reprimanded by Justice Tariq Mehmood Jahangiri who asked the lawyer if someone without authorization set up a cart before his house, would it not be considered a crime?

The judge observed that it would still be viewed as a crime. The lawyer held that his client was given a harsh sentence by the special magistrate. To which the judge retorted that there were not only allegations of setting up the cart on the state land but also of extorting money and illegally occupying the land by facilitating other vendors to set up their carts.

The judge maintained that a three-month punishment was not harsh and that the accused should have been given a more severe sentence in the first place.

Justice Tariq Mehmood Jahangiri reminded the lawyer that terrorism-related sections could also be invoked against Farmanullah if extortion charges were pressed.

The lawyer said that charges of extortion were fabricated. The judge responded that no accused had ever confessed before the court that the charges against them were really true.

The lawyer also claimed that his client was not provided a copy of the special magistrate’s order. However, the justice said that objections on the accused petition had been removed and this case is maintainable.