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---Criminal Procedure Code (V of 1898), S. 196---Constitution of Pakistan, art. 199---Hateful speeches, order violation, promulgating, and promoting feelings of hatred amongst different racial regional groups and communities---Constitutional petition---First Information Report, quashing of---Petitioners were workers of a political party (Pashtoon Tahaffuz Movement /P.T.M.), against whom the allegation was 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 of 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---Record reflected that the police registered a criminal case against the petitioners and others , with the allegation of hateful speeches etc. , whereas for the prosecution for such offences against the State, no Court could take cognizance of the same, unless upon a complaint made by order of, or with the authority from the Federal or Provincial Government concerned under the process governed by S. 196 of the Cr.P.C.---This had not been done in the present case; thus, no Court could initiate the process against the accused , because (in the present case) FIR was registered by the Duty Officer/Sub Inspector of the concerned Police Station on his own and competent authority under the law had not initiated said process---Such FIR can be assailed in constitutional jurisdiction of the High Court to prevent abuse of process of any Court to secure the ends of Justice---In the present case, 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 by the High Court---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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