ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Tuesday approached the Islamabad High Court (IHC), praying to quash the first information report (FIR) registered against him on terrorism charges.
The former prime minister moved the court through advocates Shoaib Shaheen and Salman Safdar 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.
The ex-PM filed the petition seeking “Quashing of FIR” in case FIR No 407/2022 dated 20.08.2022 under section 7-ATA. He stated that is being aggrieved with the registration of baseless said FIR registered under Section 7 of the Anti-Terrorism Act, 1997 at Police Station Margalla, Islamabad craves for the kind indulgence of this Court for quashing of abovementioned FIR mainly on the grounds that speech dated 20.08.2022 as well as contents of FIR do not disclose 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.
He further submitted that the FIR has been registered through a planted complainant who lacks locus standi. He continued that settled principle of “object”“design”, “purpose” as provided under Section 6 and 7 of the Anti-Terrorism Act, 1997 basic ingredients to attract Section 6 and 7 of the Anti-Terrorism Act, 1997 are absent and essentials ingredients of a crime, both (i) Actusreas and (ii) Mensreas are missing.
The petitioner added that state machinery is being misused by political opponents for their personal score-settling and FIR has been registered due to colorable exercise of power and authority amounting abuse of process of law while mala fide intent of respondents in achieving some unlawful and ulterior design through lawful means are strongly exposed from registration of FIR 691/2022 and “Physical Torture” done against the PTI workers.
He maintained that the instant case was registered by the political rivals, reflecting clearly on the malice and ulterior motives of the respondents behind lodging of this FIR, and especially the implication of the petitioner in the FIR who has now emerged as a powerful political threat to the current regime.
Imran stated that therefore, the petitioner is eager to prove his innocence in an absolutely false and frivolous case registered with mala fide intention and with the sole aim of blackmailing the petitioner.
He argued that it is of great significance that neither the speech nor the contents of FIR disclose any ‘schedule offence’ which falls within the purview of Section 6 and 7 of the Anti-Terrorism Act, 1997.
“Even otherwise, word ‘Action’ used in the speech did not denote any ‘Illegal/Unlawful action’ against any person rather it was used for ‘Legal’ and ‘Lawful action’ which is right of every citizen of Pakistan. The above-stated statement was twisted and dishonestly manipulated by Respondents out of proportion and out of context to initiate proceeding under Anti-Terrorism Act, 1997,” added the PTI chairman.
He continued that it is noteworthy that the instant FIR has been registered under the Anti-Terrorism Act only, the mala fide intentions are quite apparent from the observation that no Penal Code offence of the 1860 Act is mentioned in Column No 3 as main and accompanying offence.
He contended, “This clearly establishes efforts and struggle and overstretching the clear provisions of Section 6 and 7 of the Anti-Terrorism Act, 1997 to register case against the Petitioner under the very grave and serious charge of ‘Terrorism’.”
Therefore, he prayed before the court that this court may very graciously quash the said FIR as being illegal, unlawful and is sheer violation of the Anti-Terrorism Act, 1997 and the same may also be declared as violative of Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973.
He also requested that since clearly FIR No 407/2022 has clearly been registered by abusing the Anti-Terrorism Act, 1997 Respondent No 1 (SHO) be strictly directed not to take any “adverse action” and further Investigation may kindly be suspended till the final adjudication of this petition seeking quashing of the FIR.
Copyright Business Recorder, 2022
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