Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 18---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Quashing of F.I.R.---F.I.R. had been registered under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, which had been repealed by Act VI of 2006 and was no more available in the Statute Book---No prosecution could be lodged under a repealed provision of law---Not only the F.I.R. was lodged but. three innocent persons were also arrested in pursuance thereof and were in custody due to carelessness and negligence of the police officers---No police officer below the rank of, Superintendent of Police was competent to investigate an offence under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, as provided under S.15 (b), Cr. P. C. and the accused could not be arrested without permission of the Court, but no such warrant or permission was produced by the police officer present in Court qua the three accused persons---No doubt the false F.I.R. was registered by an Assistant Sub-Inspector of Police but S.H.O. being incharge of the police station could not escape from his liability who was to see that the action of his subordinate staff was in conformity with the law---Both the police officers had failed to perform their official functions with care and .diligence as a result of which three innocent persons had been deprived of their valuable right of liberty---F.I.R. having been registered under a repealed provision of law, was itself illegal and the arrest in consequence thereof was also illegal, which was clearly an abuse of process of law--Conviction of accused in the case was not possible---F..I.R. was quashed accordingly. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 18---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction---Scope---Grant of monetary compensation to the victims of violation of fundamental rights---High Court under Art.199 of the Constitution having wide powers was competent to award monetary compensation to the victims whose fundamental rights had been violated---F.I.R. registered by police under the repealed…

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