ISLAMABAD: The Islamabad High Court (IHC) on Wednesday issued notices to the respondents in Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s petition requesting the court to quash the first information report (FIR) registered against him on terrorism charges.
A single bench of Chief Justice Athar Minallah heard the petition filed by the former prime minister and issued notices to the respondents, including IG of Islamabad police.
After hearing the arguments of the petitioner’s counsel, the IHC bench directed the respondents to submit their reply in this matter and adjourned the hearing till September 8.
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. He stated in the petition that the Petitioner 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 said that the aggrieved party has not come forth to register the FIR; and 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 and7 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 malafide 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 malafide intention and with the sole aim of blackmailing the petitioner.
He prayed the court to quash the said FIR as being illegal, unlawful and is sheer violation of the Anti-Terrorism Act, 1997 and declare it as violative of Article 10-A of the Constitution. He further requested that SHO be directed not to take any “adverse action” against him and further investigation may kindly be suspended till the final adjudication of this petition.
Copyright Business Recorder, 2022
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