ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah has clipped the powers of a senior civil judge-cum-judicial magistrate and barred him from exercising his authority in criminal cases for acquitting an official of Pakistan Tehreek-i-Insaf (PTI) without completing codal formalities.

The civil judge, Qudratullah, had released an accused, Misal Khan, nominated in a First Information Report (FIR) related to an attempted murder even before submission of challan or police report under section 173 of the Criminal Procedure Code (CPC).

The judge is, however, allowed to continue hearing civil cases.

Misal Khan along with others was nominated in the FIR registered in the Banigala police station in a firing incident outside former prime minister Imran Khan’s residence in which one person was injured.

The case was registered under section 324 of Pakistan Penal Code (PPC) against Khan on the complaint of a cousin of the injured person.

The accused applied for bail before arrest which was fixed in the court of the civil judge-cum-judicial magistrate Qudratullah. In the meanwhile, the accused was arrested.

Sources privy to the development said friends and family members of the accused tried to reach an out of court settlement with the complainant.

Finally, the complainant agreed to pardon the accused and signed an affidavit for settling the matter out of court.

The accused then filed the post-arrest bail in the court. The complainant appeared before the court and testified that the issue had been resolved mutually and he did not want the court to proceed in the matter.

Judge Qudratullah, after a brief hearing, not only granted bail to the accused but also acquitted him whereas the police were yet to submit the challan.

According to legal experts, the judge of subordinate judiciary can only acquit an accused when the complainant submits a proper application or the police declare the accused innocent.

The power to quash the FIR is with the high court and police, or the federal government can withdraw the case under certain circumstances.

Published in Dawn, September 18th, 2022