Court orders FIR against PM Nawaz, 10 others

Syed Sammer Abbas Published September 27, 2014

ISLAMABAD: An additional sessions judge has ordered the Secretariat police to register a case against Prime Minister Nawaz Sharif and 10 others while disposing of a petition filed by Pakistan Tehreek-i-Insaf (PTI) over the alleged killing of three political activists on August 30.

The party had approached the Secretariat police station to register a First Information Report (FIR) on the matter against Nawaz Sharif, Shahbaz Sharif, Chaudhry Nisar, Khawaja Asif, Saad Rafique, IG Islamabad, Deputy Commissioner Islamabad, IG Railways and three others over the incidents of August 30 that led to the deaths of three people during the protests by PTI and Pakistan Awami Tehreek (PAT) in the federal capital.

PTI had filed the request days after the August 30 violence but following the police’s failue to register a case, the party had approached the sessions court under clause 22-A of the Criminal Procedure Code (CrPC) for redress.

More on this: All hell breaks loose in Islamabad

Additional sessions judge Shahrukh Arjumand issued the order today, directing the police to register an FIR against the prime minister and 10 others.

Qazi Nazeef was the counsel for PTI.

Today's order comes days after the capital police registered a criminal case against the prime minister, some federal ministers and police officials under an order issued by a district and sessions court over the alleged killing of PAT workers on August 30.

The court had done so while disposing of a petition filed by the party and had directed the police to follow the law after which the police registered the case under Section 7 of the ATA and PPCs 302, 324, 148, 149.

The night of August 30 saw violence during the protests led by PTI and PAT in Islamabad against the government of Nawaz Sharif which they regard as one formed as a result of an allegedly rigged election. The capital city’s high security area, the Red Zone, resembled a battlefield at the time as marchers from the PTI and PAT, en route to the Prime Minister’s House clashed with security personnel.

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nadeem

Sep 27, 2014 02:26pm

We respect court orders. FIR should be registered but should be quashed the same day as PM had shown unprecedented restraint against attackers of Parliament & to be precise attack on State.

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Usman

Sep 27, 2014 02:35pm

Tabdeeli aa nahi rahi, tabdeeli aa gayee hae :)

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One Nation

Sep 27, 2014 02:35pm

Its time to go home (i.e. Jeddah). Better act fast before your name gets on the ECL.

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Rizwan

Sep 27, 2014 03:14pm

I salute the court in this land mark judgement .

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PinkPeacock

Sep 27, 2014 03:32pm

It seems that Rowdyism has become legal and stopping it by law enforcers, illegal. What sort of nation are we becoming?

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Naz

Sep 27, 2014 03:51pm

These FIRs should be quashed by the courts, as tge government was well within its right to use force to disperse PTI and PAT degenerates attacking state buildings. By allowing such malicious FIRs the court is encouraging people to commit crimes against the state and get away with it, regardless who is in power this is a wrong precedent being set.

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Aussie

Sep 27, 2014 04:10pm

@nadeem which state you are talking about Mr. Your grey matter has gone missing.

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Sajid Ansari

Sep 27, 2014 04:43pm

@Naz, If somebody unfairly uses force on you, you will feel differently. It is easy to ignore others' miseries.

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Guest

Sep 27, 2014 04:47pm

I don't understand. is the government not supposed to protect state institutions?

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ali

Sep 27, 2014 04:50pm

@nadeem this government is fake and illegal ..Nawaz sharif and his cronies are usurpers who have occupied the PM house and parliament after rigging election ..they have on genuine mandate therefore they should be arrested and jailed ..Nawaz sharif with fake mandate can occupy the PM house but the poor people cannot go near it ..shame on ur thinking

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ash_insafians

Sep 27, 2014 05:34pm

@Guest but bullets were fired before entering parliament house. government forced protestors by shelling and firing to enter the building. they do this after intense shelling to save thier life. go nawaz go

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Tangerine

Sep 27, 2014 06:15pm

It has become a joke now . It looks like, in Pakistan, there should be no writ of the gov. In the name of democracy one should be allowed to do anything. Even attack parliament and PTV and if gov. tries to stop it them, lets sue them. LOL!

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Jalbani Baloch

Sep 27, 2014 06:40pm

Pakistan has got functional institutions, which are responsible for different state of affairs. The Prime Minister has nothing to do with the local administrative machinery, which in the case of police, is the district administration of Islamabad, run by senior police officers from the rank of SHO to SPP and DIG Police. This means, if any untoward incident or accident takes place in any part of the country, the FIR should be launched against the PM and the respective provincial chiefs. If it is the case, all the charges for killing and murder of innocent people, which goes in hundreds to thousands in Sindh, Balochistan, KPK and Punjab should be registered against the respective Chief Ministers as well as the Prime Minister of Pakistan. This is a very sad trend and it seems that the courts are also influenced by political temper.

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r.s

Sep 27, 2014 06:46pm

It means capture what ever state building you want to. Police will not interfere otherwise????

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Usman

Sep 27, 2014 06:56pm

People criticizing this decision are unbelievable. It's just a FIR, which every pakistani has a right to file if they feel they have been aggrieved--doesn't matter rich or poor, powerful or weak, prime minister or not... No one is above the law. It is the duty of the police to file the fir, investigate, and then courts can decide whether to dismiss the case. The fact that police was not filing the fir was injustice itself. Personally, I think police overused their power resulting in deaths. They couldve easily stopped these people without the use of excessive tear gas and bullets. These people were not taliban or any other trained terrorists. I agree these people should not have gone into red-zone if they did not have permission, but the state clearly overused its power and should be held liable.

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Asif A. Shah

Sep 27, 2014 07:14pm

Another good news for the Rule of Law in Pakistan. Gradually, the Judiciary will exert its powers on behalf of the people of Pakistan and make Pakistan a better place to live. An independent judiciary is the best antidote against the secessionist movements as well. I would like to add that Pakistan Bar Council must also police the conduct of its lawyers as well. An independent judiciary cannot function without the lawyers who are thoroughly committed to the Rule of Law.

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Syed Ahmed

Sep 27, 2014 07:20pm

They must also be arrested.

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Syed Ahmed

Sep 27, 2014 07:23pm

@nadeem: Teray aamaal se hey tera pareshan hona, Warna mushkil nahi mushkil aasaan hona

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Mohammed A. Sukhera,USA

Sep 27, 2014 07:43pm

@Rizwan .you salute the court for ordering the FIR against the PM and other ministers. Do you think that whenever a police action is taken against the mob, the PM is responsible? so what you suggesting is anarchy/lawlessness in the country. Now a days, no one is safe in the country, because when police arrest the criminals, the courts let them go free. The FIR should have been filed against Qadri and Ik for inciting the mob to caputure the state buildings and paralyzingly the government. I don,t know what this judge is doing and what is the logic behind it. No wonder we have problems, we need to clean up the judicial system and retrain these judges so that court cases are disposed expediciously and without any delay. I see court cases lingering in the system for decades without any verdict by the courts. So the PM is responsible for that ?

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Jawad

Sep 27, 2014 07:52pm

@PinkPeacock It seems we are becoming a nation of people waking up from deep sleep. Credit to IK. But all credit goes to atrocities committed by sharif brothers.

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Tony

Sep 27, 2014 08:08pm

The courts are setting a disturbing prcedent. By these standards the government and the law enforcement agencies should not stop anyone and let looting, killings and destruction go unstipped as I am sure the culprits will have a reason that justifies their action. The case should be dismissed on first hearing if the judiciary is really neutral and not playing games. Go Imran Go. U have given nothing but shame and a bad name.

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Mohammed A. Sukhera,USA

Sep 27, 2014 08:28pm

@Usman .The police have the right to look at the merit of the Fir and decide that it will meet the test of the law. It's Waste of time for the police/court system to file an Fir and the court throw away the charges. so what did we gain by over taxing our system which is already at the brink of collapse. Police decides whether the report will result in conviction,otherwise no need for Fir. The mob is armed with batons and knives. They attacked the police and police defended themselves by tear gas and rubber bullets. Qadri group even provided the gas masks to the protestors whiles lice did not have the masks.What about the police officers who were injured /beaten by the mob or died in the cash while protecting the state buildings, Police vans and buses were burned by the mob and Who is responsible for actions of the mob? should we ask the police to file an Fir against the PM for injuries to police officers and damage to the police property? I believe the TUQ/IK are responsible and should be arrested for inciting the protestors to attack state buildings and damaging public property.

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ChinaMan

Sep 27, 2014 08:33pm

On local (city) provincial matters - PM is dragged in FIR - why than no FIR against Municipality for not picking garbage - why not FIR against COURT officials for not invoking SUO MOTO . are we going to start making mockery of judiciary also - perhaps Punjab assembly can impeach the judge and set a precedent. PM can not be involved in local affairs -

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sapeace

Sep 27, 2014 08:34pm

Even FIR is a joke now

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Real Truth

Sep 27, 2014 08:34pm

In an ironic way, the registration of these FIRs clearly proves that the courts are functioning FREELY and that NS / govt DOES NOT / CANNOT influence their judgments. This RUBBISHES IK's claim that he cannot expect justice from the courts while NS is in power!!!

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sid

Sep 27, 2014 09:12pm

@nadeem : How can you support NS? any sane person with integrity and respect would not vouch for such a man. He is a shame for all Pakistanis!

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Iqbal Hadi Zaidi

Sep 27, 2014 09:41pm

What next is destined 4 PM Nawaz? Iqbal Hadi Zaidi / zaidiformerdiplomat@hotmail.com

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Barrister

Sep 27, 2014 10:24pm

Although the police force and officials of the local administration must be held accountable for their actions on the night of August 30th, the proper course of action should be through a judicial inquiry either before the Islamabad High Court or the local Court of Sessions. A murder charge against the PM and others in their personal capacity is highly unlikely to follow, let alone a conviction. FIR ought to be quashed, and an inquiry into the events of that night should be ordered instead. A criminal complaint under these circumstances amounts to an abuse of process, plain and simple.

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ahmed K

Sep 27, 2014 10:32pm

Wrong FIR's. Government has shown too much restraint. PTI supporters in Newyork were very organized, they didn't move forward from their reserved position. Perhaps they knew that if they crossed their limits force would be used by the authorities against them.

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Tariq K Sami

Sep 27, 2014 10:54pm

Imran has made it possible for the judges to have the amount of courage to speak up.

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malick.

Sep 27, 2014 11:24pm

court should show independency and rule an order.

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fakhir

Sep 27, 2014 11:50pm

@ali Nawaz Sharif is the legal pm, it cannot be denied merely because you or Imran khan don't agree. There is a constitution and there are constitutional institutions to decide it.

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Fakhir

Sep 28, 2014 12:16am

@Tariq K Sami No, Imran has frightened the court,i.e. if you do not order an FIR, I will start blaming you like Iftekhar Choudhry. In fact, Imran is trying to hostage all the institutions. Shame on him.

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Beenish

Sep 28, 2014 12:47am

What non-sense? Should people holding "Dandaas" be allowed to enter PM house? And if police uses minimal force to stop them, the police and Government become culprit. What has happened to the court? Such acts will end the rule of law.

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Qazi Zarak

Sep 28, 2014 12:49am

They mean you should have allowed PM house and parliament to be burnt. Why did you stop it?

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Mohammed A. Sukhera,USA

Sep 28, 2014 03:23am

@Usman . People like you are never satisfied with the government regardless what they do. Do you want the PM house or the parliament building occupied by the mob and cause damage to these state institutions. These miscreants came with gas masks,batons with nails and knives. Did they come to the red zone for a pick nick? What the police is supposed to do? shower rose petals. We should commend the police for not using the live ammunition which would have caused lot of casualities..

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Najamuddin

Sep 28, 2014 04:11am

Why no FIR been registered against those who have attacked the peace and sanctity of Capital and taken it as hostage with their exploited, violent and unruly mobs? Against those who so openly declared Civil Disobedience inciting their followers and entire nation to stop payment of taxes, utilities bills and revenues to Govt and as such causing economic collapse of the Nation? Why no FIR been registered against those on whose instigation their supporters rampaged inside restricted Parliament Outlet by breaking open the main gate/s and allover the world people have watched them on TV camping, cooking and washing their cloths inside the Parliament Compound? Why no FIR been recorded against those Dharna Leaders on whose incitement the Capital area TV Station was ransacked and the news papers offices and Journalists are being attacked, news papers delivery vans are being torched, their drivers beaten and harassed since long? Our hearts bleeds to see, that, instead of bringing to justice the perpetrators and the leaders of the above most heinous crimes , FIRS against elected leaders will further encourage the outlaws, extremists, terrorists, rebels and vested interest mafia to cause more and more destruction to the ill-fated Nation.

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Syed (Australia)

Sep 28, 2014 05:46am

I will see the true face of the court decision if after FIR registration these people be arrested and investigated as the law treats the other people of the country. These corrupt politicians are not above the law.

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Darkanu

Sep 28, 2014 07:24am

Recall the similar precedent of FIR registered against the sitting PM Bhutto in 1977 and persuaded after his fall. The courts has not decided an unprecendental case. When extreme of cruelty goes beyond the limit then such incidents are not unusual and abnormal. The courts has not favored but decided the cases on merits. Let us hope further progress is made in the investigations and logical consequences emerged in the criminal cases.

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AJamal

Sep 28, 2014 07:34am

An FIR? So what? Thousands are registered every day. In KPK one can do it online.

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