ISLAMABAD: The Supreme Court has been asked to set aside Islamabad High Court (IHC)’s judgment to quash an FIR registered against Sheikh Rashid Ahmed for uttering vulgar words against Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari in front of media persons.
A single bench of IHC Justice Tariq Mahmood Jahangiri on July 25, 2024 quashed an FIR No 40/2023, dated 02.02.2023, lodged under Sections 506, 504, 500 and 153 of Pakistan Penal Code (PPC), at police station Mochko, Keamari, Karachi, and declared; “the acts of the police officials in respect of impugned FIR are without lawful authority and of no legal effect.”
The prosecutor general Sindh, on Tuesday, filed a petition against the IHC’s verdict, saying the IHC has erred in law by allowing the writ petition of Sheikh Rashid, and the impugned judgment dated 25-06-2024 is not legally correct and justified, hence liable to be set aside.
Awami Muslim League President Sheikh Rashid was arrested in an FIR 94/2023 on 1st February 2023 in Islamabad and during in Islamabad police custody, he uttered unethical and vulgar words against Bilawal in front of media persons, hence FIR 40/23 under sections 506, 504, 500, and 153 of Pakistan Penal Code was registered at Mochko, Karachi on 02-02-2023 on the complaint of a PPP worker, Khuda Bakhsh.
However, the IHC quashed FIR 40/23.
The petitioner contended that the IHC has completely overlooked that Sheikh Rashid had uttered sordid and vulgar words against Bilawal in front of media persons, which caused damage and provoked the party workers, therefore, the FIR 40/23 was lodged against the respondent, who is entitled to be punished accordingly but the High Court has committed a serious mistake by quashing the said FIR.
He stated that the IHC has failed to consider that Bilawal is chairman of PPP and remained foreign minister. He represents a big political party with huge party following, who were enraged and provoked after the derogatory remarks of Sheikh Rashid against their leader. The quashment of FIR is not legally correct and justified, and the matter requires fair investigation.
The petitioner submitted that Sheikh Rashid uttered derogatory remarks at Polyclinic Hospital, Islamabad has caused emotional damage that ensued beyond the territorial limits of the ICT and spread over the whole country as well as outside of Pakistan; therefore, the said FIR cannot be quashed on the basis of jurisdictional technicalities.
The petitioner further contended that although Sheikh Rashid has committed the offence within the territorial jurisdiction of police station Aabpara, Islamabad and the FIR was not registered in the said police station, but Section 179 of CrPC allows legal action to be taken regarding an occurrence of another jurisdiction when consequence of such an occurrence ensued in other places.
The IHC overlooked Section 499 while deciding the case, as the FIR 40/23 under sections 506,504,500,153 PPC attracts the offence of defamation, which can be decided by competent court of law.
The High Court has exceeded from its jurisdiction by passing the impugned judgment dated 25-06-24, which needs to be set aside by the apex court, as the reasons stated by the judge of the High Court in support of its impugned judgment are not legally sustainable.
The IHC has reached upon an erroneous conclusion by allowing the writ petition. The impugned judgment dated 25-06-24 being wholly illegal and contrary to law, is liable to be set aside by this Court.
Copyright Business Recorder, 2024
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