Citation Name: 2024 PLD 142 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD ULLAH alias SAMSOOL vs SA

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Citation Name: 2024 PLD 142 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD ULLAH alias SAMSOOL VS SAADULLAH, S.I. Ss.124-a, 147, 149, 153, 153-a & 341---Balochistan Regulation and Control of Loudspeakers and Sound amplifiers Ordinance (II of 1965), Ss. 3 & 4---Constitution of Pakistan, art. 199---Constitutional petition---First Information Report, quashing of---Petitioners were workers of political party (Pashtoon Tahaffuz Movement /P.T.M.), against whom FIR was registered by the Police with the allegation that they gathered at road near a Masjid and delivered speeches against the Government, Pakistani Forces, Security agencies and wanted to provoke the people---Petitioners sought quashing FIR registered against them on the ground that cognizance for said offences could only be taken upon a complaint filed by the authority of a Federal or Provincial Government or some other Officer empowered in said behalf---Validity---No doubt, the inherent power (of High Court) should be rarely and sparingly invoked only in the interest of justice to redress grievances for which, considering the facts and circumstances of the case, no other procedure or remedy is available---It is an extraordinary jurisdiction that can not override provisions of the Court, but issues may arise where demands of justice require immediate, honest, and substantial justice---In such circumstances the Courts would be justified to exercise their jurisdiction to save a party from harassment and abuse of the process of Court---Such power may be used sparingly, but it confers broad powers on the Court to meet such eventualities and pass any order which ends of justice may require---Present case fell within the said parameters---allegations contained in the FIR were general; there was no specific role attributed to the petitioners and no offence, thus, had been made nor could be proved against them---High Court declared that the process of the law had been abused with mala fide intention to scandalize and create harassment for the petitioners and disrepute them in the society, which needed interference---Constitutional petition filed by the accused persons was allowed, and the FIR registered against them and proceedings were quashed, in circumstances.

Citation Name: 2024 PLD 142 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD ULLAH alias SAMSOOL vs SAADULLAH, S — 2024 PLD 142 QUETTA-HIGH-COURT-BALOCHISTAN

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