muhammadhafeezmalik
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KP govt under 196-crpc authorized DI Khan’s assistant commissioner to receive applications from PTI’s Ali Amin Gandapur related to offenses against state.
Khyber Pakhtunkhwa government spokesperson Barrister Mohammad Ali Saif says cases have been decided against PDM leaders for making 'hateful' statements against state institutions, which will be filed on Ali Amin Gandapur's complaints.
The Khyber Pakhtunkhwa government has empowered the Grade 17 Assistant Commissioner of Dera Ismail Khan district to register 'treason' cases against the state against any person and such applications from Pakistan Tehreek-e-Insaf's Ali Amin Gandapur among others.
However, legal experts say that according to the law, no government can authorize a political person to submit petitions, as this law can be used against political opponents.
According to the letter issued by the administration, the provincial government has authorized Dera Ismail Khan Assistant Commissioner Munir Ahmed under Section 196 of the Criminal Procedure Act to register cases under Sections 108A, 153A, and 505 of the Pakistan Penal Code on application of Ali Amin Gandapur.
According to Section 196 of the Criminal Procedure Act, the provincial or federal government can empower any public servant to file criminal cases against the state. He is not even an MNA.
According to this section: 'No court shall proceed under Sections 108A, 153A, 294A, 295A, and 505 of the Pakistan Penal Code, unless the application of such cases has not been filed by the competent officer of the Provincial or Federal Government.'
These provisions of the Pakistan Penal Code (PPC) deal with crimes against the state. Section 108A of PPC deals with abetment to murder and if a person abets another person to commit murder, a case will be registered against them.
Similarly, Section 153A of the PPC deals with inciting the sentiments of any religious or other group orally, in writing,
refers to speaking, writing or publishing something or by any other means which constitutes an offense against the State while Section 505 of the PPC deals with speaking, writing or publishing something or by any other means to against armed forces.
The federal government of Pakistan Tehreek-e-Insaf had issued a similar notification in 2020 in which a secretary of the Ministry of Interior was authorized to register cases of treason against the state. (Cases against PTI leaders and journalists are being registered under same notification.)
On inquiry Barrister Muhammad Ali Saif, the spokesperson of the provincial government, said, "We have decided to file cases against the PDM leaders for making hateful statements against state institutions."
Barrister Mohammad Ali Saif further said that "For this purpose, Provincial Government has given powers to Assistant Commissioner DI Khan Munir Ahmed and these cases shall be registered on the complaints of Ali Amin Gandapur."
The political scenario for this move is that cases of treason have been registered against PTI leaders in which Imran Khan's Chief of Staff Shehbaz Gul is already in custody, so from this notification it seems that since here in the province there is a PTI government, the government wants to use this law to file treason cases against political opponents. Ali Amin Gandapur himself, through a tweet yesterday, spoke of a 'takeover' of Islamabad and warned the police in a 'threatening' tone to 'refrain' from arresting Imran Khan.
Imran Khan too had announced that PTI will register cases against PDM leaders like Maulana Fazlur Rehman, Asif Ali Zardari, Nawaz Sharif etc.
On Monday, August 22, at PS Sharqi, Peshawar, on behalf of Noor Sher, a lawyer of Peshawar High Court. filed an application for registration of treason cases against Maulana Fazlur Rehman, Asif Ali Zardari, Nawaz Sharif, Shehbaz Sharif, Rana Sanaullah, Khawaja Saad Rafiq Atta Tard, Pervaiz Rasheed and Ayaz Sadiq of Pakistan Democratic Movement (PDM) .
The application (a copy of which is available with Independent Urdu) states that the PDM leaders have 'hateful and provocative behavior against the Pakistan Army and other military leadership and the judiciary in the video clips on social media. A conspiracy has been hatched to weaken the country on behest of neighboring country.
According to the petitioner: 'The above-mentioned accused in their statements gave the impression that in their eyes my brave army is the enemy of the Pakistani people and that is why they mentioned the names of Pakistan Army, retired generals and serving generals in their statements. They have tried to spread hatred against them. Petitioner Noor Sher told Independent Urdu that "We have provided the SHO of the police station with all the evidence of the statements of these leaders and have requested them to register a case against these accused."
Noor Sher said that the SHO has accepted the request and said that he will look into the request and then file a case according to law. If the case is not registered in the police station, then we will approach the court to register a case.
www.independenturdu.com
Khyber Pakhtunkhwa government spokesperson Barrister Mohammad Ali Saif says cases have been decided against PDM leaders for making 'hateful' statements against state institutions, which will be filed on Ali Amin Gandapur's complaints.
The Khyber Pakhtunkhwa government has empowered the Grade 17 Assistant Commissioner of Dera Ismail Khan district to register 'treason' cases against the state against any person and such applications from Pakistan Tehreek-e-Insaf's Ali Amin Gandapur among others.
However, legal experts say that according to the law, no government can authorize a political person to submit petitions, as this law can be used against political opponents.
According to the letter issued by the administration, the provincial government has authorized Dera Ismail Khan Assistant Commissioner Munir Ahmed under Section 196 of the Criminal Procedure Act to register cases under Sections 108A, 153A, and 505 of the Pakistan Penal Code on application of Ali Amin Gandapur.
According to Section 196 of the Criminal Procedure Act, the provincial or federal government can empower any public servant to file criminal cases against the state. He is not even an MNA.
According to this section: 'No court shall proceed under Sections 108A, 153A, 294A, 295A, and 505 of the Pakistan Penal Code, unless the application of such cases has not been filed by the competent officer of the Provincial or Federal Government.'
These provisions of the Pakistan Penal Code (PPC) deal with crimes against the state. Section 108A of PPC deals with abetment to murder and if a person abets another person to commit murder, a case will be registered against them.
Similarly, Section 153A of the PPC deals with inciting the sentiments of any religious or other group orally, in writing,
refers to speaking, writing or publishing something or by any other means which constitutes an offense against the State while Section 505 of the PPC deals with speaking, writing or publishing something or by any other means to against armed forces.
The federal government of Pakistan Tehreek-e-Insaf had issued a similar notification in 2020 in which a secretary of the Ministry of Interior was authorized to register cases of treason against the state. (Cases against PTI leaders and journalists are being registered under same notification.)
On inquiry Barrister Muhammad Ali Saif, the spokesperson of the provincial government, said, "We have decided to file cases against the PDM leaders for making hateful statements against state institutions."
Barrister Mohammad Ali Saif further said that "For this purpose, Provincial Government has given powers to Assistant Commissioner DI Khan Munir Ahmed and these cases shall be registered on the complaints of Ali Amin Gandapur."
The political scenario for this move is that cases of treason have been registered against PTI leaders in which Imran Khan's Chief of Staff Shehbaz Gul is already in custody, so from this notification it seems that since here in the province there is a PTI government, the government wants to use this law to file treason cases against political opponents. Ali Amin Gandapur himself, through a tweet yesterday, spoke of a 'takeover' of Islamabad and warned the police in a 'threatening' tone to 'refrain' from arresting Imran Khan.
Imran Khan too had announced that PTI will register cases against PDM leaders like Maulana Fazlur Rehman, Asif Ali Zardari, Nawaz Sharif etc.
On Monday, August 22, at PS Sharqi, Peshawar, on behalf of Noor Sher, a lawyer of Peshawar High Court. filed an application for registration of treason cases against Maulana Fazlur Rehman, Asif Ali Zardari, Nawaz Sharif, Shehbaz Sharif, Rana Sanaullah, Khawaja Saad Rafiq Atta Tard, Pervaiz Rasheed and Ayaz Sadiq of Pakistan Democratic Movement (PDM) .
The application (a copy of which is available with Independent Urdu) states that the PDM leaders have 'hateful and provocative behavior against the Pakistan Army and other military leadership and the judiciary in the video clips on social media. A conspiracy has been hatched to weaken the country on behest of neighboring country.
According to the petitioner: 'The above-mentioned accused in their statements gave the impression that in their eyes my brave army is the enemy of the Pakistani people and that is why they mentioned the names of Pakistan Army, retired generals and serving generals in their statements. They have tried to spread hatred against them. Petitioner Noor Sher told Independent Urdu that "We have provided the SHO of the police station with all the evidence of the statements of these leaders and have requested them to register a case against these accused."
Noor Sher said that the SHO has accepted the request and said that he will look into the request and then file a case according to law. If the case is not registered in the police station, then we will approach the court to register a case.
KP govt likely to register sedition cases against PDM leaders
PESHAWAR: The government of Khyber Pakhtunkhwa (KP) has decided to file sedition cases against the leadership of the...
www.brecorder.com
سیاسی شخص کو غداری مقدمات درج کرنے کا اختیار دیا جا سکتا ہے؟
خیبر پختونخوا حکومت نے ضلع ڈیرہ اسماعیل خان کے گریڈ 17 کے اسسٹنٹ کمشنر کو کسی بھی شخص پر ریاست کے خلاف ’غداری‘ کے مقدمات درج کرنے کا اختیار دیا ہے اور اس کے لیے پاکستان تحریک انصاف کے علی امین گنڈا پور سمیت دیگر سے ایسی درخواستیں وصول کرنے کا کہا گیا ہے۔ تاہم قانونی ماہرین کا کہنا ہے کہ قانون کے...
www.independenturdu.com
KP govt to book PDM leaders for ‘hateful’ remarks against institutions: Barrister Saif
Notification issued to empower DI Khan additional assistant commissioner to file cases on complaints of PTI leader Ali Gandapur or any other interested party.
www.dawn.com
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