FIR against PML-N workers: Court orders Chung SHO to record cross version

Published August 20, 2020
The police on a complaint of the NAB had lodged an FIR against Maryam, Safdar, MNAs Rana Sanaullah Khan, Javed Latif and several other leaders besides over 300 workers for the clash. — DawnNewsTV/File
The police on a complaint of the NAB had lodged an FIR against Maryam, Safdar, MNAs Rana Sanaullah Khan, Javed Latif and several other leaders besides over 300 workers for the clash. — DawnNewsTV/File

LAHORE: A sessions court on Wednesday ordered the Chung police station house officer to record version of PML-N in a first information report already registered against its leaders and workers on the charge of attacking a police team outside the office of the National Accountability Bureau (NAB) when Maryam Nawaz, the party’s vice president, came to appear in an inquiry about land allotment.

Ms Nawaz’s husband retired Capt Muhammad Safdar had filed a petition, on behalf of the party, under sections 22-A & 22-B of CrPC after the Chung police, what he claimed, refused to entertain his application for the registration of FIR.

Mr Safdar had sought an FIR against Prime Minister Imran Khan, his special assistant on accountability Mirza Shahzad Akbar, NAB Chairman retired Javed Iqbal, NAB Punjab DG Saleem Shahzad and 100 unidentified persons on charge of attempting to kill Maryam Nawaz outside the Thokar Niaz Beg office of the NAB.

On the other hand, the police on a complaint of the NAB had lodged an FIR against Ms Nawaz, Safdar, MNAs Rana Sanaullah Khan, Javed Latif and several other leaders besides over 300 workers.

During a lengthy proceeding on Wednesday, Advocate Farhad Ali Shah argued on behalf of Safdar that a planned attempt was made to kill Ms Nawaz during her appearance at the NAB. He said the police and the NAB officials at the behest of the respondents launched an attack on the vehicle of Ms Nawaz and the party workers.

He said the windscreen of Ms Nawaz’s bulletproof vehicle was damaged with the stones pelted by the police personnel and the workers were seriously injured. He alleged that the attack was a planned conspiracy hatched by the prime minister and other respondents.

He asked the court to order the police to act in accordance with the law and register an FIR against the respondents on the application by the petitioner.

Opposing the petition, the investigation officer (IO) stated that the petitioner was a nominated suspect in the FIR of the incident and fugitive of law. The IO said he filed the petition to counter the FIR. He said the allegations in the petition were baseless and liable to be dismissed.

In his verdict, Additional District & Sessions Judge Ijaz Ahmad Gondal observes that it is a settled law that when a matter is reported and FIR is registered that becomes a case and any other version can come in the case through statement under section 161 of CrPC and the IO may investigate any number of versions pertaining to particular occurrence.

Relying upon a Supreme Court’s 2018 judgment famously known as “Salma Bibi case”, the judge rules that the petitioner’s request for an independent FIR cannot be acceded as the matter has already been reported through the FIR registered on Aug 11 and the investigation is under way.

The judge further observes, “The police has not endorsed the petitioner’s version, however, it is the petitioner’s right that his version be recorded in the FIR already registered pertaining to the occurrence of same date and time and then proceed in accordance with law.”

With these directions, the judge disposed of the petition.

It merits mentioning that Ms Nawaz and other leaders of the PML-N nominated in the FIR have not secured pre-arrest bail. MNA Malik Saiful Malook Khokhar and four others have so far obtained bail.

Published in Dawn, August 20th, 2020

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