PHC suspends KP order on FIRs against PDM leaders

PESHAWAR: Peshawar High Court (PHC) on Friday suspended a notification of the provincial government to authorise an administrative officer for lodging cases against the leaders of the Pakistan Democratic Movement on Friday, a day after six politicians were booked in Dera Ismail Khan.

Additional Assistant Commissioner Munir Ahmad lodged FIRs in a local police station in Dera Ismail Khan against former prime minister Nawaz Sharif, former president Asif Ali Zardari, Jamiat Ulema-e-Islam chief Maulana Fazlur Rehman, Interior Minister Rana Sanaullah and Captain (retired) Muhammad Safdar.

Interestingly, an FIR was also lodged against Shahbaz Shabbir Gill, who belongs to the Pakistan Tehreek-e-Insaf, for speaking against the state institutions. The cases were lodged under various sections of law, including 109, 124A, 120B, 153, 131, 506, 505, 500A, for sedition, intimidation, defamation, inciting mutiny, etc.

The FIRs mentioned the past speeches of the political leaders in which they were said to have spoken against the state institutions and asked for action against them under the law. As per the time of the FIR, all these were lodged on Thursday evening (at around 7:40 pm), a day before a petition was fixed for hearing before the PHC.

On Friday, a division bench of the PHC comprising Justice Waqar Ahmad and Justice Shahid Khan heard a writ petition filed against the notification of the Khyber Pakhtunkhwa government that authorised an additional assistant commissioner for registration of FIRs against PDM leadership “for speeches against institutions.”

The court issued notices to the respondents including chief minister KP, cabinet members, chief secretary and others for September 13. The notification was challenged by a local lawyers Shabbir Hussain Gigyani who contended that the reted the section and asked the court to declare the notification null and void.

It was stated in the petition that there is strong apprehension of misuse and abuse of the impugned notification by the respondents, which will create hurdles for the state functionaries and worthy courts and will create chaos, anarchy and lawlessness.

The Khyber Pakhtunkhwa cabinet last week gave approval under section 196 CrPC for registering FIRs against the PDM leaders and authorised an additional assistant commissioner in Dera Ismail Khan in this regard.

This was done after a case was lodged against the former prime minister and chairman PTI Imran Khan in Islamabad after his speech. An application was also submitted in the East Cantt Police Station in Peshawar by a local lawyer for lodging a case against Prime Minister Shehbaz Sharif, Nawaz Sharif and Maulana Fazlur Rehman. The application was later withdrawn.