ISLAMABAD: The Move on Pakistan party has filed a petition in the Islamabad High Court (IHC) seeking the quashment of an FIR registered against its leadership for displaying controversial banners in the twin cities.

Justice Mohsin Akhtar Kayani on Monday issued notice to the station house officer (SHO) of Secretariat police to submit his reply by August 4.

The notice was issued after the party’s office-bearers, Ali Raza and Asif Iqbal, challenged the registration of the FIR on the charges of sedition, criminal conspiracy and public mischief to incite people against the government.

On July 20, the court granted the party officials an interim bail and would take up their bail application on July 28.

The banners invited Chief of Army Staff Gen Raheel Sharif for a takeover.

The Secretariat police registered the case under sections 124-A (sedition), 120-B (punishment of criminal conspiracy), 505-II (statements conducing to public mischief) and section 34 (common intention) of Pakistan Penal Code (PPC) against unidentified people for inciting the citizens against the government.

Sardar Taimoor Aslam, the counsel for the petitioners, maintained that sections 196 and 196-A clearly showed that an offence under section 124-A was non-cognizable. He said cognizance for the offences under section 120-B and 505-II can only be taken up on a complaint made by or under the authority from the federal or the provincial government.

The counsel said that, admittedly, no complaint either oral or written was initiated by the government and the case was registered on mere an interpretation of a police officer. He said the FIR and the proceedings initiated under it were “wholly illegal.”

The counsel said an investigation cannot be carried out on sedition charges as it was a non-cognizable offence. He said when the law required a particular act to be done in a particular manner all other ways of doing it were “forbidden.”

He said the mandatory provisions of the law had not been complied with and the case had been registered in violation of the same and without obtaining the sanction of the government. Therefore, the entire proceedings are against the law and liable to be quashed.

The counsel requested the court to direct the police to quash the FIR as well as the ongoing proceedings against his clients.

Published in Dawn, July 26th, 2016