PDM leaders booked for 'seditious' statements

[MenInG]

The PTI-led government in Khyber-Pakhtunkhwa (K-P) on Tuesday booked leaders of the Pakistan Democratic Movement (PDM) for their “hateful and seditious statements” against the state institutions.

The first information report (FIR), a copy of which is available with The Express Tribune, was registered at the Sharqi police station under Section 196 (prosecution for offences against the state) of the Code of Criminal Procedure (CrPC) and sections 153-A (promoting enmity between different groups), 108-A (abetment in Pakistan of offences outside it) and 505 (statements conducive to public mischief) of the Pakistan Penal Code.

The application nominated PML-N leaders Nawaz Sharif, Shehbaz Sharif, Maryam Nawaz, Khawaja Saad Rafique, Rana Sanaullah, Atta Tarar, Ayaz Sadiq, Pervaiz Rashid and JUI-F head Maulana Fazlur Rehman.

The complainant, a lawyer by profession, said, “Hateful remarks against the country have been passed by the PDM leaders in the past in an attempt to damage the institutions and sovereignty.”

He alleged that the "provocative" statements against the judiciary and military had since been widely circulated on social media and were viewed by a large number of people across the globe. Like all other patriots, he continued, he was deeply hurt by the statements which, according to him, were passed at the behest of enemy country.

Meanwhile, Dera Ismail Khan Additional Assistant Commissioner Muneer Ahmad had been authorised under Section 196 of the CrPC to register the cases on the complaint of former federal minister and PTI leader Ali Amin Gandapur.

The development comes after sources revealed that the K-P government had been laying a legal groundwork against the PDM leaders.

On August 19, following the K-P cabinet’s approval, a notification by the provincial government’s administration department was issued.

However, the provincial government refrained from announcing its decision.

The notification states: “In exercise of powers conferred by Section 196 of the Code of Criminal Procedure, 1989 […] and in pursuance of the cabinet’s decision dated August 18, 2022, the government of Khyber-Pakhtunkhwa is pleased to empower Muneer Ahmad, additional assistant commissioner, DI Khan to receive written complaint(s) from Ali Ameen Gandapur or any other interested party and require local police to lodge FIR(s) under sections 108-A, 153-A and 505 of the Pakistan Penal Code, 1860 read with any other enabling provisions of law and to sanction and pursue such cases within his respective jurisdictions with effect from August 18, 2022.”

Earlier in the day, Special Assistant to the K-P Chief Minister Barrister Mohammad Ali Saif confirmed the development, saying that the K-P government, where the PTI is at the helm of affairs, has decided to book PDM leaders for their "hateful statements"

The move comes after former prime minister Imran Khan was booked under the anti-terrorism act on Sunday.

Express Tribune

 

[MenInG]

This is good pressure being applied - PDM should feel the heat if they do stupid things.

 

[MenInG]

The Islamabad High Court (IHC) on Friday dismissed the contempt of court application against Pakistan Democratic Movement (PDM) leaders Maryam Nawaz, Rana Sanaullah and Maulana Fazl-ur-Rehman.

The court heard the plea earlier today and dismissed it as inadmissible.

The IHC upheld the objection that the registrar’s office was not the relevant forum and asked the petitioner’s lawyer what the application was about.

The lawyer responded that various anti-judiciary statements were made by these leaders on social media.

Justice Mohsin Akhtar Kayani inquired if there is any statement related to this high court. Following this, he directed the petitioner’s lawyer to take the case to the Supreme Court and the Lahore High Court as the counsel claimed they were mentioned in the alleged malicious statements.

“If the petitioner is from Lahore, why is he not filing the case there? Lahore has courts too,” Justice Kayani remarked.

Subsequently, the court dismissed the contempt of court petition as inadmissible.

PDM leaders booked for 'seditious' statements

The Pakistan Tehreek-e-Insaf- (PTI) led government in Khyber-Pakhtunkhwa (K-P) on Tuesday decided to book leaders of the Pakistan Democratic Movement (PDM) for their “hateful and seditious statements” against the state institutions.

An application seeking first information report (FIR), a copy of which is available with The Express Tribune, was filed at the Sharqi police station under Section 196 (prosecution for offences against the state) of the Code of Criminal Procedure (CrPC) and sections 153-A (promoting enmity between different groups), 108-A (abetment in Pakistan of offences outside it) and 505 (statements conducive to public mischief) of the Pakistan Penal Code.

The application nominated PML-N leaders Nawaz Sharif, Shehbaz Sharif, Maryam Nawaz, Khawaja Saad Rafique, Rana Sanaullah, Atta Tarar, Ayaz Sadiq, Pervaiz Rashid and JUI-F head Maulana Fazlur Rehman.

The complainant, a lawyer by profession, said, “Hateful remarks against the country have been passed by the PDM leaders in the past in an attempt to damage the institutions and sovereignty.”

He alleged that the "provocative" statements against the judiciary and military had since been widely circulated on social media and were viewed by a large number of people across the globe. Like all other patriots, he continued, he was deeply hurt by the statements which, according to him, were passed at the behest of an enemy country.

Express Tribune

 

[Bewal Express]

Nothing will come of it- it's all halal when the mafia blackmail and threaten the Judiciary.

 

[MenInG]

The Peshawar High Court (PHC) on Friday suspended the Khyber-Pakhtunkhwa (K-P) cabinet’s notification empowering a DI Khan official to register cases against the Pakistan Democratic Movement (PDM) leaders for spreading hate against state institutions.

The court issued notices to K-P chief minister, provincial cabinet, advocate general and attorney general to submit their response at the next hearing (September 13) against the plea of a senior lawyer pleading the court to declare the provincial cabinet’s August 9 notification null and void.

A two-member bench comprising Justice Waqar Ahmad and Justice Shahid Khan heard the case.

In his petition, lawyer Shabbir Hussain Gigyani, who approached the court on Wednesday, contended that the government misinterpreted Section 196 of the Code of Criminal Procedure when it authorised an additional assistant commissioner (AAC) to receive complaints from former federal minister Ali Amin Gandapur or any other interested party and lodge FIRs.

During Friday’s hearing, Gigyani, who is also a Pakistan Bar Council member, apprised the court that the said action of the provincial government was against the Constitution and law.

Terming it a violation of the rights of citizens, he stressed that the government misinterpreted the law to achieve “political objectives”.

“The move also poses a threat to the law and order,” he added.

He contended that Section 196 of the CrPC empowered the courts to take cognisance of a trial of any such offence mentioned in the said section after completion of an investigation and was not applicable before the registration of an FIR.

According to the writ petition, Section 196 of the Code of Criminal Procedure – under which the additional assistant commissioner has been authorised to lodge FIRs – does not empower any officer to do so against any individual, but can only seek permission from the judiciary to file a case.

“If an individual is found guilty during the investigation, the judiciary has the power to register an FIR under Section 196 of the CrPC. Despite this, the K-P cabinet approved the illegal move and gave this authority to the additional assistant commissioner.”

It may be recalled that on Tuesday, the K-P government, through a notification, had empowered a government official in DI Khan district to receive complaints from senior PTI leader Gandapur or any other interested party for the registration of cases falling under certain sections of the Pakistan Penal Code (PPC), which otherwise require obtaining permission from the provincial government.

“In exercise of powers conferred by Section 196 of the Code of Criminal Procedure and in pursuance of the cabinet decision on August 18, 2022, the K-P government is pleased to empower Muneer Ahmed, the additional assistant commissioner of Dera Ismail Khan, to receive written complaints from Ali Ain Khan Gandapur or any other interested party and require the local police to lodge FIRs under sections 108-A, 153-A and 505 of the Pakistan Penal Code, read with any other enabling provisions of law, and to sanction and pursue such cases within his respective jurisdiction with effect from August 18, 2022,” the notification stated.

Meanwhile, also on Tuesday, a lawyer approached Peshawar’s East Cantonment police station, seeking registration of FIRs against Prime Minister Shehbaz Sharif, PML-N supremo Nawaz Sharif and his daughter Maryam Nawaz, Interior Minister Rana Sanaullah, Khawaja Saad Rafique, Attaullah Tarar, Pervez Rashid, Ayaz Sadiq, JUI-F chief Maulana Fazlur Rehman and others for inciting the public against the army, making statements against the judiciary, hurting the country’s ideological base and promoting rebellion through their statements.

Express Tribune