Law: Constitution of Pakistan, 1973

Section: 19,199

Law: Criminal Procedure Code (V of 1898)

Section: 196,196-A,249-A,265-K

Law: Pakistan Penal Code, 1860

Section: 120-B,124-A,505

(a) Administration of justice--- ----Where the law required doing things in a particular manner, such things had to be done in that manner and all other modes stood excluded. (b) Constitution of Pakistan-- ----Art. 19---Fundamental Right to freedom of speech---Nature and scope---Article 19 of the Constitution provided the concept of freedom of speech but at the same time, State could regulate the right to speech when the same came in conflict with rights of other individuals---Equilibrium had to be maintained by placing the reasonable restrictions on freedom of expression in maintenance of public order. Pakistan Broadcaster Associations v. PEMRA and others PLD 2016 SC 692 and Flt.-Lt. (Dr) Shariq Saeed v. Mansoob Ali Khan and 5 others 2010 YLR 1647 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 120-B, 124-A & 505---Criminal Procedure Code (V of 1898), Ss. 196 & 196-A, 249-A & 265-K---Constitution of Pakistan, Art. 199---Constitutional petition---Quashment of FIR---Prosecution for offences against the State---Sedition---Criminal conspiracy---Statements conducing to public mischief---Scope and nature of Ss.196 & 196-A, Cr.P.C.---Petitioner sought quashment of FIR registered against him on the ground, inter alia, that cognizance for offences under Ss.120-B, 124-A & 505 of the P.P.C. could only be taken upon a complaint made by or under the authority of a Federal or Provincial Government or some other officer empowered in such behalf, which was not done in the present case---Effect---Legislature had used negative language in Ss. 196 & 196-A of the Cr.P.C., hence no court could initiate the process against the accused and in the present case, FIR was registered by the Station House Officer, on his own and competent authority under law had not initiated said process---No sanction was obtained in the present FIR for offences under Ss.124-A, 120-B & 505 P.P.C. and the FIR was registered without approval of competent authority as referred in S.196-A of the Cr.P.C.---High Court observed that while under the law, FIR could not be quashed when alternate course of action was available under S.249-A or 265-K of the Cr.P.C., however it was also the…