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October 8, 2022
ISLAMABAD: Justice Tariq Mehmood Jahangiri of Islamabad High Court (IHC) on Friday quashed three first information reports (FIRs) registered against the Khyber Pakhtunkhwa (KP) chief minister in connection with violence during PTI’s long march in the capital.
KP Chief Minister Mehmood Khan and others were booked in one FIR registered with Kohsar police and two with Tarnol police.
The police registered the FIRs alleging that the PTI launched a protest against the government and held processions on May 25 and 26th.
The party’s chairman, Imran Khan, and other leaders delivered provocative speeches, blocked main roads, entered Red Zone illegally, used loudspeakers and violated Section 144 of the Criminal Procedure Code (CrPC).
The chief minister’s counsel, Shah Khawar, argued that his client had not committed any crime; there was no evidence available against him and the FIRs were registered in utter disregard of the order of the apex court.
A state counsel, on the other hand, stated that the petitioner was nominated in the FIRs as he had committed heinous crime. Sufficient evidence is available against him, he said, adding the petitioner had alternate and efficacious remedy of filing a petition under section 249-A of the CrPC for acquittal at any stage in the trial court.
Justice Jahangiri observed that the nature of allegations mentioned in the FIRs was the same - the chief minister had delivered a provocative speech in Peshawar. Therefore, the police cannot register a case against him in Islamabad.
“There is no allegation against the petitioner that he entered Islamabad during the said occurrences/protests, the only allegation leveled against him is that he made provocative speeches and upon his abetment, processions/unlawful assemblies were organised in Islamabad.”
Justice Jahangir was of the opinion that “registration of cases to the extent of present petitioner [CM KP] on face of it is tainted with mala fide, without jurisdiction and even if FIRs are allowed to hold the field, there is no probability of the conviction of the petitioner.”
Subsequently, he ordered to quash the FIRs against Mr Mehmood.
Published in Dawn, October 8th, 2022
IHC quashes three FIRs against KP chief minister
Malik AsadOctober 8, 2022
ISLAMABAD: Justice Tariq Mehmood Jahangiri of Islamabad High Court (IHC) on Friday quashed three first information reports (FIRs) registered against the Khyber Pakhtunkhwa (KP) chief minister in connection with violence during PTI’s long march in the capital.
KP Chief Minister Mehmood Khan and others were booked in one FIR registered with Kohsar police and two with Tarnol police.
The police registered the FIRs alleging that the PTI launched a protest against the government and held processions on May 25 and 26th.
The party’s chairman, Imran Khan, and other leaders delivered provocative speeches, blocked main roads, entered Red Zone illegally, used loudspeakers and violated Section 144 of the Criminal Procedure Code (CrPC).
The chief minister’s counsel, Shah Khawar, argued that his client had not committed any crime; there was no evidence available against him and the FIRs were registered in utter disregard of the order of the apex court.
A state counsel, on the other hand, stated that the petitioner was nominated in the FIRs as he had committed heinous crime. Sufficient evidence is available against him, he said, adding the petitioner had alternate and efficacious remedy of filing a petition under section 249-A of the CrPC for acquittal at any stage in the trial court.
Justice Jahangiri observed that the nature of allegations mentioned in the FIRs was the same - the chief minister had delivered a provocative speech in Peshawar. Therefore, the police cannot register a case against him in Islamabad.
“There is no allegation against the petitioner that he entered Islamabad during the said occurrences/protests, the only allegation leveled against him is that he made provocative speeches and upon his abetment, processions/unlawful assemblies were organised in Islamabad.”
Justice Jahangir was of the opinion that “registration of cases to the extent of present petitioner [CM KP] on face of it is tainted with mala fide, without jurisdiction and even if FIRs are allowed to hold the field, there is no probability of the conviction of the petitioner.”
Subsequently, he ordered to quash the FIRs against Mr Mehmood.
Published in Dawn, October 8th, 2022
IHC quashes three FIRs against KP chief minister
Judge says police could not register case against KP CM in Islamabad since the allegations were related to his speech in Peshawar.
www.dawn.com
