LAHORE: Regional police officers (RPOs) in Punjab have been instructed by the provincial police chief to nominate PTI chief Imran Khan in all the cases lodged across the province in the wake of the May 9 attacks on military installations, by adding Section 34 of the Pakistan Penal Code (PPC) to those FIRs.

This instruction was related to all those cases which had been registered under section 7 of the Anti-Terrorism Act (ATA) against PTI leaders, workers and supporters allegedly involved in attacks on military installations.

Most of the FIRs, 14, were registered in Lahore, 13 in Rawalpindi region, five in Faisalabad region, and four each in the Multan, Sargodha and Mianwali districts under the anti-terrorism law and other charges.

When contacted, IG Punjab Dr Usman Anwar confirmed that Section 34 of the PPC was being added to the May 9 cases to nominate Imran Khan.

Directive to be carried out by adding PPC Section 34, which deals with ‘common intention’, to FIRs already registered

An official of the Central Police Office (CPO) Punjab told Dawn that the IG’s directions had stirred a controversy, as many senior police officers viewed this as a futile exercise that was being conducted some two months after the registration of the FIRs, which already contained sections 148 and 149 of the PPC, which carry nearly similar charges.

He said the IG issued the directions after holding a detailed meeting with the Punjab prosecution secretary.

The official claimed that it was actually the prosecution secretary who proposed this scheme and asked the Punjab police chief in writing to apply Section 34 of the PPC to nominate Mr Khan in all the cases.

Following this, the joint investigation teams (JITs) formed by the Punjab government in the wake of the May 9 cases were directed to hold meetings with prosecutors of the districts concerned to ensure the compliance.

The official said that as soon as the order reached offices of the RPOs, it shocked many police officers.

During meetings, many of them alerted high-ups that they would have to face tremendous challenges in courts of law to establish the “common intention” before nominating the PTI chairman, as he was not physically present on the crime scene at that time when the attacks were carried out on May 9.

But some officers backed the IG’s initiative, saying that physical presence was not a mandatory requirement to nominate any person while adding the section in question.

However, Dr Anwar told Dawn that no police officer had opposed or hesitated in the implementation of the order, adding that it was the domain of the police how to proceed with the cases, and Section 34 could be added or deleted at any stage during the investigation.

‘Common intention’

“When a criminal act is done by several persons, in furtherance of the common intention of all, each such person is liable for that act in the same manner as if it were done by him alone,” reads Section 34 of the PPC.

Commenting on the matter, Umais Chaudhry, a lawyer of the Lahore High Court, quoted a judgement of the Supreme Court: “when a criminal act is done by several persons in furtherance of common intention, then each of them is liable as it was done by him alone”.

Referring to another judgement, he said common intention requires a pre-arranged plan and there must be a prior meeting of minds.

He said that since the ‘common intention’ has been a necessary ingredient under Section 34 of the PPC,

the police would have to make sure before applying the offence against the suspect that he had a common intention before committing crime, as mere allegations would not be sufficient to proceed him in the court of law.

Official sources said the Rawalpindi region has reportedly nominated the PTI chairman by adding Section 34 of the PPC in all the FIRs registered under Section 7 of the ATA and others for carrying out attacks on military installations However, police in the Lahore, Gujranwala and Multan regions were reluctant to follow the order, and were consulting prosecution experts to steer them clear of any legal hitches that may arise from this change.

A senior police officer designated by the IG Police Punjab at the CPO for coordination with the RPOs of the province has been directed to ensure that all of them have implemented the order in letter and spirit, sources said.

Published in Dawn, July 6th, 2023