Citation Name: 2023 PLD 85 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD AZAM KHAN SWATI vs INSPECT

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Citation Name: 2023 PLD 85 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD AZAM KHAN SWATI VS INSPECTOR-GENERAL OF POLICE, BALOCHISTAN Ss. 61, 167 & 344---Remand---Magistrate, duty of---Magistrate is not expected to pass orders granting remand of accused persons in a mechanical manner---Magistrate has to examine very carefully the justification for depriving a citizen of his liberty which can only be done if material justifying such action is available on record---Deviation made by Magistrate in such respect, exposes Magistrate to the peril of having committed violations of mandatory provisions of law. Citation Name: 2023 PLD 85 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD AZAM KHAN SWATI VS INSPECTOR-GENERAL OF POLICE, BALOCHISTAN Ss. 177, 179, 180, 181, 235, 403 & 561-a---General Clauses act (X of 1897), S. 26---Penal Code (XLV of 1860), Ss. 123-a, 124-a, 131, 153, 500, 501, 504 & 506---Constitution of Pakistan, arts. 4, 13 & 199---Inherent jurisdiction of High Court---Quashing of FIR---Multiple FIRs---Double jeopardy, principle of---applicability---Petitioner was facing multiple FIRs on the allegations of condemnation of creation of State and advocacy of abolition of its sovereignty, sedition, abetting mutiny, attempting to seduce a soldier, sailor or airman from his duty, wantonly giving provocation with intent to cause riot, defamation, intentional insult with intent to provoke breach of peace and criminal intimidation---Petitioner sought quashing of all FIRs as they contained similar allegations with reference to one occurrence against which one case had already been pending in another province---Validity---It was neither possible nor convenient for petitioner to obtain bail from various Courts in various cities joining various investigations and finally defending himself before various Courts, that too, for one and the same offence---all FIRs were registered for the same incident under same provisions of law against same accused---Taking cognizance by multiple Courts, having different territorial jurisdiction simultaneously, was in violation of arts. 4 & 13 of the Constitution, S. 403, Cr.P.C and S. 26 of General Clauses act, 1897---Single trial had been envisaged under Part VI, Chapter XV Ss. 177, 179 180 181 & 235, Cr.P.C.---Power under S. 561-a, Cr.P.C. is extraordinary jurisdiction that cannot override the Court's provisions---Cases may arise where demands of justice require immediate, real and substantial justice and in such circumstances, Courts are justified to exercise their jurisdiction to save a party from harassment and abuse of process of Court---Powers under S. 561-a, Cr.P.C. may be used sparingly as it confers vast powers on the Court to meet such eventualities and pass any order which ends of justice may require---High Court directed to release petitioner and quashed all FIRs registered against him---Petition was allowed, in circumstances.

Citation Name: 2023 PLD 85 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD AZAM KHAN SWATI vs INSPECTOR-GENERAL OF POLICE, BALOCHISTAN Ss — 2023 PLD 85 QUETTA-HIGH-COURT-BALOCHISTAN

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