| Citation(s) |
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| 2025 SLG 871 2025 SLD 871 = 2025 PCRLJ 541 |
Lahore High Court
Writ Petition No. 50329-Q of 2024, decided on 8th November, 2024.
Before Asjad Javaid Ghural, J
Anwar Ahmad Khan v. The State 1996 SCMR 24; Raja Rustam Ali Khan v. Muhammad Hanif 1997 SCMR 2008; Muhammad Irshad Khan v. Chairman National Accountability Bureau and 2 others 2007 PCr.LJ 1957 and The Federation of Pakistan through Secretary Establishment Division, Government of Pakistan, Rawalpindi v. Saeed Ahmad Khan PLD 1974 SC 151 rel. Barrister Murad Ali Khan Marwat, Barrister Khadija Siddiqui and Asad Ullah Butt for Petitioner. Ch. Fiza Ullah, A.A.G. with Zafar, DSP and Khalid Nazir, ASI for
Respondents.
Writ Petition No. 50329-Q of 2024, decided on 8th November, 2024.
Before Asjad Javaid Ghural, J
Anwar Ahmad Khan v. The State 1996 SCMR 24; Raja Rustam Ali Khan v. Muhammad Hanif 1997 SCMR 2008; Muhammad Irshad Khan v. Chairman National Accountability Bureau and 2 others 2007 PCr.LJ 1957 and The Federation of Pakistan through Secretary Establishment Division, Government of Pakistan, Rawalpindi v. Saeed Ahmad Khan PLD 1974 SC 151 rel. Barrister Murad Ali Khan Marwat, Barrister Khadija Siddiqui and Asad Ullah Butt for Petitioner. Ch. Fiza Ullah, A.A.G. with Zafar, DSP and Khalid Nazir, ASI for
Respondents.
RAI MUHAMMAD USAMA---Petitioner
VERSUS
DISTRICT POLICE OFFICER and others---Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 154
Law: Penal Code (XLV of 1860)
Section: 341
Law: Punjab Maintenance of Public Order Ordinance, 1960
Section: XXXI,16
Law: Constitution of Pakistan, 1973
Section: 16,199
(a) Criminal Procedure Code (V of 1898)-------S.154---Penal Code (XLV of 1860), S.341---Punjab Maintenance of Public Order Ordinance (XXXI of 1960), S.16---Quashing of FIR---Wrongful restraint and dissemination of rumours etc.---Mens rea, absence of---Petitioner sought quashing of FIR on the grounds that he had been involved mala fidely on political basis, as he along with his companions was celebrating 77th Independence Day of Pakistan and he neither made any speech nor took any action detrimental to the public peace and tranquility, nor the petitioner or his companions wrongly restrained any individual---Validity---High Court found that S.16 of the Punjab Maintenance of Public Order Ordinance, 1960, was not applicable as the FIR lacked details of the alleged slogans and how they caused fear or alarm---Similarly, S.341, P.P.C. (wrongful restraint) was not made out as the FIR only mentioned traffic disruption, not the restraint of any individual--Mens rea was found to be lacking, as the petitioner claimed that he along with his companions was celebrating Independence Day and the prosecution offered no evidence to the contrary---First Information Report suggested that the group dispersed upon seeing police, showing respect for law enforcement agencies--Since the gathering was peaceful and no legal restrictions were in place, the court deemed the FIR a violation of fundamental right to peaceful assembly under Art. 16 of the Constitution---Constitutional petition was allowed and the FIR was quashed, in circumstances.Mst. Riaz Bibi v. S.H.O Police Station Zahirpir 2002 PCr.LJ 530 rel.(b) Constitution of Pakistan------Art. 199---Quashing of FIR---Constitutional jurisdiction of High Court--Scope---Time and again High Court has shown reluctance in interfering in the ongoing investigation process on cherished principle that the functions of Investigating Agency and judiciary are complementary and not overlapping and the combination of individual liberty with due observance of law and order can only be achieved if both the organs are allowed to function independently, however, this principle cannot be construed as an…