ISLAMABAD: The Islamabad High Court (IHC), Monday, ordered to drop terrorism charges against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan from a case registered against him for hurling threats at a sessions’ judge and top police officials.
A division bench of IHC comprising Chief Justice of IHC Justice Athar Minallah and Justice Saman Rafat Imtiaz heard the petition of the former prime minister, praying before the court to quash the FIR registered against him on terrorism charges.
In its written order, the bench declared that section 7 of the Anti-Terrorism Act, 1997 is not attracted in the light of the principles and law laid down by the Supreme Court in the case titled, “Ghulam Hussain and others vs The State and other” (PLD 2020 SC 61).
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However, it added, “The proceedings in relation to offences described under sections 188 (Disobedience to order duly promulgated by public servant), 189 (Threat of injury to public servant), 504 (Intentional insult with intent to provoke breach of the peace) and 506 (Punishment for criminal intimidation) of Pakistan Penal Code, 1860 shall continue in accordance with law and; therefore, the case shall be transferred to a competent court vested with jurisdiction.”
It also noted that this order shall not in any manner prejudice the right of the petitioner to avail remedies provided under the law after the report under section 173 of the Code of Criminal Procedure, 1898 has been submitted.
During the hearing, Justice Minallah asked Special Prosecutor Raja Rizwan Abbasi about the opinion of the Islamabad Police’s Joint Investigation Team (JIT) regarding the case. The prosecutor replied that the JIT’s opinion was that terrorism sections were warranted in the case.
At this, the IHC chief justice directed the prosecutor to read out the threatening portions from Imran’s speech, and Abbasi read out the relevant portion. The judge then questioned are these the only sentences?
Justice Minallah said if someone interfered in a case under adjudication then it amounted to contempt of court. He said if terrorism charges were to be applied against people on the argument being made then in this way you will open the floodgates.
The judge also asked if there was a threat of causing a physical injury in Imran’s speech. To this, the prosecutor responded that the PTI leader’s remarks were not limited to just bodily injuries. He added that it is to be seen who said these words. He is not an ordinary person. He continued that that person is a former prime minister and can even be the future prime minister. Imran Khan’s political party has a strong social media following.
The IHC chief justice remarked that terrorism provisions were misused in the past, referring to the example of former senator Faisal Raza Abidi, who was later acquitted of the charges.
Abbasi contended that Imran’s speech was by design. At this juncture, Justice Minallah remarked that if you could find nothing else in the investigation except for this speech then the design no longer exists.
The former prime minister moved the court through his counsels Muhammad Shoaib Shaheen advocate and Salman Safdar advocate and cited Station House Officer (SHO) PS Margalla, Inspector General of Police (IGP) Islamabad Capital Territory, Deputy Inspector General (DIG) of Police, Ali Javaid, Magistrate Saddar, and the State as respondents.
Khan filed the petition seeking “Quashing of FIR” in case FIR No 407/2022 dated 20.08.2022 under section 7-ATA. It was stated that the petitioner is being aggrieved with the baseless FIR registered under Section 7 of the Anti-Terrorism Act, 1997 at Police Station Margalla, Islamabad. He asked the Court to quash the FIR mainly on the grounds that speech dated 20.08.2022, as well as, contents of FIR, do not disclose the commission of any scheduled offence falling under the Anti-Terrorism Act, 1997 and absolutely “No Threats” were extended rather the petitioner referred to availing legal actions and remedies which is the Constitutional right of the petitioner.
Copyright Business Recorder, 2022
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