Case Details

Citation(s)
2019 SLG 1367 2019 SLD 1367 2019 PLD 27
Balochistan High Court
Constitutional Petition No. 229 of 2017, decision Dated: 03-12-2018. Hearing Dated: 23-10-2018
MUHAMMAD EJAZ SWATI, JUSTICE
Petitioner(s) by: Bahazad Haider
Respondent(s) by: Rauf Atta, Advocate General, Zahoor Ahmed Baloch Assistant Advocate General and Ms. Noor Jehan Kahoor, Additional Prosecutor General

INDEPENDENT MEDIA CORPORATION (PVT.) LTD. THROUGH MUHAMMAD AZHAR AND 4 OTHERS

VS

GOVERNMENT OF BALOCHISTAN THROUGH CHIEF SECRETARY AND SECRETARY LAW, QUETTA AND 9 OHTERS

Law: Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Section: 29(6)

Law: Constitution of Pakistan, 1973

Section: 4,9,10A,13

Law: Criminal Procedure Code (V of 1898)

Section: 154,161,169,170,173,173(3),185,190

(a) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)-- ----S. 29(6)---Criminal Procedure Code (V of 1898), S.154---Constitutional petition for quashing of FIR---Media group---Airing anti state programme---First Informataion Report registered against a media group, its owners, and hosts of a television programme ("the petitioners")---Plea of petitioners that the issue of airing the television programme regarding which FIR was lodged had already been dealt with by Pakistan Electronic Media Regulatory Authority ("Authority") by imposing a fine on the media group, therefore, no further proceedings in form of an FIR could be lodged against them---Validity---Such contention was not supported by any provision of law---Decision of the Authority to impose a fine on the media group on recommendations of Council for Complaints in exercise of powers under S.29(6) of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 was for violation of terms and conditions of licence---No criminal liability of the petitioners was dealt with by the Authority, thus, the FIR could not be quashed---Constitutional petition was disposed of accordingly. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 161---Constitution of Pakistan, Arts. 4, 9, 10A & 13---Quashing of multiple FIRs---Multiple FIRs registered against the same accused persons for the same incident containing similar allegations---Question as to which of FIRs would hold the field---Eight different FIRs arising from the same act and containing the same facts and allegations were registered against a media group, its owners, and hosts of a television programme ("the petitioners") for airing a programme with an anti-state theme---First Information Report which was filed prior in time would hold the field and the subsequent reports for the same incident may be treated as statements recorded under S.161 Cr.P.C, as a piece of evidence in support of the initial report---Co-existence of the remaining FIRs not only amounted to abuse of process of law, but was also contrary to the spirit of Arts.4, 9, 10A & 13 of the Constitution---High Court directed that petitioners had to face…
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