Mst. NAUSHEEN SAEED vs State S — 2022 MLD 1373 ISLAMABAD

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Mst. NAUSHEEN SAEED VS State S.498---Penal Code (XLV of 1860), Ss. 188 & 435---Forest Act (XVI of 1927), S. 26---Islamabad (Preservation of Landscape) Ordinance (III of 1966), S. 5---Pakistan Environmental Protection Act (XXXIV of 1997), Ss. 11 & 19---Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance (LXX of 1979), S. 26---Setting fire in a forest for purposes of recording a social media video---Ad interim pre-arrest bail, confirmation of---Female accused---Most sections of FIR bailable---First Information Report not registered on complaint of relevant official---In the present case, the Investigation Officer conceded that there was no evidence available against the accused that she herself had set fire in the area---Only evidence available was a social media video in which the accused could be seen shooting a video in front of fire in the jungle---Most of the sections leveled in the FIR were bailable, except S.188 P.P.C.---Under S.195, Cr.P.C. an FIR under S.188, P.P.C. could only be registered on written complaint of the public servant concerned, or of some other public servant to whom he was subordinate---In the present case, S.144, Cr.P.C. was imposed by an Addl. District Magistrate wherein, campfire in the National Park concerned was prohibited---Present FIR had neither been registered on the complaint of said public servant nor there was any allegation that the accused had committed an act of campfire in the National Park---First Information Report (FIR) had been registered on the complaint of an Environmental official of the relevant Development Authority---Section 435, P.P.C. provided that whoever caused damage to any property to the "amount of one hundred rupees or upwards", but the Investigating Officer conceded that there was no evidence on record that value of bushes etc. that were damages was Rs.100/- or upwards---As far as other sections leveled in the FIR were concerned, there was no other evidence available against the accused except the social media video, which did not show as to when and where it was recorded---If the accused being a female was sent behind bars, it would cause irreparable loss to her person and reputation---Ad-interim pre-arrest bail already granted to accused was confirmed, in circumstances.

Mst. NAUSHEEN SAEED vs State S — 2022 MLD 1373 ISLAMABAD

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