WAJID SHAHBAZ vs STATION HOUSE OFFICER (SHO), POLICE STATION GAHKUCH CITY, DISTRICT GHIZER S

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WAJID SHAHBAZ VS STATION HOUSE OFFICER (SHO), POLICE STATION GAHKUCH CITY, DISTRICT GHIZER S. 561-a---Penal Code (XLV of 1860), Ss. 341, 147, 353, 186, 506, 500, 337-a(iii) & 427---Rioting---Quashing of FIR---Scope---Some miscreants had committed vulgar activities in a public place---accordingly, an FIR was lodged but the local police had failed to arrest nominated accused in time---Resultantly, the petitioners/accused persons and thousands of other people of the district held a peaceful protest/demonstration---Instead of arresting the actual culprits of the vulgar incident the police lodged the impugned FIR against the petitioners with mala fide intention---One of the constables had allegedly sustained injuries but his injury sheet was not produced---Holding of demonstration and freedom of assembly was an essential element of a democratic society which was a guaranteed fundamental right under the Constitution---Such inalienable right could not be abridged or restricted nor could it be allowed to be termed as an offence of unlawful assembly---Exercise of fundamental right by the citizen could not justifiably be made ground for lodging FIR against them---First Information Report was quashed. Head NotesCase Description Citation Name: 2023 MLD 304 Gilgit-Baltistan Chief CourtBookmark this Case WAJID SHAHBAZ VS STATION HOUSE OFFICER (SHO), POLICE STATION GAHKUCH CITY, DISTRICT GHIZER art. 16--- Penal Code (XLV of 1860), S. 141---Freedom of assembly---Unlawful assembly---Scope---Holding of demonstration and freedom of assembly is an essential element of a democratic society which is a guaranteed fundamental right under the Constitution---Such inalienable right cannot be abridged or restricted nor can it be allowed to be termed as an offence of unlawful assembly---Exercise of fundamental right by the citizen cannot justifiably be made ground for lodging FIR against them. Head NotesCase Description

WAJID SHAHBAZ vs STATION HOUSE OFFICER (SHO), POLICE STATION GAHKUCH CITY, DISTRICT GHIZER S — 2023 MLD 304 Gilgit-Baltistan Chief Court

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