PESHAWAR, Jan 17: A local court on Wednesday cancelled a case registered under the NWFP Prohibition of Dancing Act and set free 10 people, including three alleged dancing girls.

The court of judicial magistrate Ahmad Iftikhar ordered that the arrested people should be set free.

The local police had raided a wedding ceremony on Tuesday night when a music party was going on at village Shehdad in the jurisdiction of Mathra police station.

The police arrested seven musicians Muhammad Shah, Jehangir, Dara Khan, Iran Gul, Suleman, Raz Gul and Ayub and three women namely Maryam, Tasleem and Farzana. An FIR was registered under the NWFP Prohibition of Dancing Act. Under the said Act dancing by a woman in a public place is an offence which is punishable with fine.

Qaiser Khan appeared on behalf of the arrested persons and contended that their arrest was illegal. He pointed out that men could not be arrested under the Dancing Act.

At the very outset of the proceedings the court ordered the concerned police officer to read out the relevant sections of the said Act.

After the Act was read out, the court observed that under Section 4 of the Act a police officer not below the rank of an inspector may enter any public place and arrest any woman, who, in his opinion, had committed or was committing or was about to commit such offence. The magistrate observed that in the instant case the raid was conducted by the SHO, Manzoor Khan, who was a sub-inspector and was not empowered under the law to conduct the raid.

The court further observed that under this Act an FIR could not be registered and the police had to file complaint before the competent court. It was observed that under section 5 the police had to file complaint with the court instead of registering the FIR.