PESHAWAR: A senior lawyer on Wednesday moved the Peshawar High Court against the provincial government’s recent notification for the empowerment of a government official in Dera Ismail Khan district to register cases against the leaders of the Pakistan Democratic Movement (PDM) on the charge of spreading hate against state institutions.

Shabbir Hussain Gigyani filed the petition requesting the court to declare null and void the Aug 9 notification insisting the government misinterpreted Section 196 of the Code of Criminal Procedure for empowering an additional assistant commissioner (AAC) to receive complaints from former federal minister Ali Ameen Gandapur or any other interested party and lodge FIRs with police.

He also sought the suspension of the notification until the final disposal of the petition as an interim relief saying as there is strong apprehension of its misuse and abuse by the respondents, including the government, to cause ‘chaos in the peaceful political and social atmosphere’ of the province.

The petitioner insisted that the notification was meant to misuse the law to achieve political goals and create anarchy in the province.

Lawyer insists govt misinterpreted law to serve political ends

A day ago, spokesman for the provincial government Barrister Mohammad Ali Saif said the government had decided to take action against the PDM leaders for making hateful statements against state institutions in the recent past.

The provincial cabinet had allowed the registration of cases on Aug 18 and issued the impugned notification the next day.

The notification read, “In exercise of powers conferred by Section 196 of the Code of Criminal Procedure and in pursuance of cabinet decision on August 18, 2022, KP government is pleased to empower Mr Muneer Ahmed, Additional Assistant Commissioner, Dera Ismail Khan, to receive written complaints from Mr Gandapur or any other interested party and require local police to lodge FIRs under sections 108A, 153-A and 505 of the Pakistan Penal Code, read with any other enabling provisions of law, and to sanction and pursue such cases within his respective jurisdiction with effect from August 18, 2022.”

Section 153-A of the law deals with cases against those promoting enmity among different groups, while Section 108-A is aboutabetment in Pakistan of offences committed overseas.Section 505 covers statements on public mischief.

The respondents in the petition are the chief minister, chief and law secretaries, Mr Gandapur and the administration department’s cabinet section through its secretary and deputy secretary.

The petitioner contended that the respondents had wrongly interpreted Section 196 of the CrPC and issued the impugned notification for the registration of FIR, initiation of criminal proceedings, and opening of criminal cases against anyone.

He contended that Section 196 of the CrPC was meant for empowering the courts to take cognizance for trial of any such offence mentioned in the said section after completion of investigation and was not applicable before registration of FIR or case.

Mr Gigyani said Section 196 of the CrPC was meant for trial by courts and not for the lodging of FIR, initiation of criminal cases or institution of criminal complaints.

He said the section in question did not empower any ‘officer’ what to say about a private person (Mr Gandapur) to direct registration of FIR or initiation of a criminal case.

Published in Dawn, August 25th, 2022