KARACHI: A court has ‘cancelled’ a case pertaining to abetting mutiny against Pakistan Tehreek-i-Insaf MNA Alamgir Khan.
The opposition lawmaker was booked for spraying ‘graffiti allegedly defaming security institutions and abetting mutiny, and attempting to seduce soldiers from their duty” inside a cricket ground in Gulshan-i-Iqbal on May 20.
Judicial Magistrate (East) Sibghatullah noted that the investigating officer had filed a charge sheet, recommending the trial of MNA Khan for allegedly committing offences punishable under Sections 131(abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty), 153-A (promoting enmity between different groups, etc), 500-A (punishment for defamation), 505(i)-A (statements conducing to public mischief), 511 (punishment for attempting to commit offences punishable with imprisonment for life or for a shorter terms) and 34 (common intention) of the Pakistan Penal Code (PPC), “but the essential elements for filing of complaint as required under Section 196 [Prosecution for offences against the State] Criminal Procedure Code is missing”.
“Section 196 imposes an embargo upon the court from taking cognizance of any offence punishable under the Chapter VI or IX-A of the PPC (except Section 127), or punishable under Section 108-A, or 153-A, or 295-A, or 505 of the same Code, unless upon complaint made by order of, or under authority from the Federal Government, or the Provincial Government concerned, or some officer empowered on behalf of either of the two governments,” the magistrate wrote in the two-page order.
“In view of the above quoted legal provision, since no complaint was registered by the officer, who was authorised/empowered by Government, whereas the present FIR, is registered by SHO himself without complaint from concerned authority. Thus, the Investigating Officer has wrongly challaned the case,” he added.
“I do not agree with the recommendations of the Investigating Officer thereby I hereby decline to take cognizance and dispose of the final challan under ‘C’ class, thereby the case stands cancelled, the nominated accused Muhammad Alamgir Khan is hereby discharged from the charge of this case,” the judge ruled.
MNA Khan was booked under Sections 131, 153-A, 500, 505(i)-A, 511 and 34 of the PPC on behalf of the state at the Gulshan-i-Iqbal police station.
Published in Dawn, July 25th, 2022