BHC disposes off lawyer murder case against Imran Khan

Quashes FIR registered against PTI chief in PS Bijli Road Quetta, cancels non-bailable warrants


QUETTA (6 AM Report): The Balochistan High Court (BHC) has quashed the FIR registered against the chief of Pakistan Tehreek-e-Insaf (PTI), Imran Ahmed Khan Niazi that was lodged with Police Station Bijli road, Quetta under sections 124-A, 153-A, 505 P.P.C r/w section 20 of the Act, 2016.

The court also declared that non-bailable warrants of the petitioner issued by Judicial Magistrate-I, Quetta are without lawful authority and are of no legal effect, and thus the non-bailable warrants are cancelled.

The division bench headed by Chief Justice High Court, Mr. Justice Naeem Akhtar Afghan passed the order on the petition filed on behalf of the PTI chief.

In its judgment, the court remarked that after registration of FIR on March 5, 2023, the learned JM-I issued non-bailable warrants of the petitioner on March 9, 2023 without applying its judicial mind and without determining as to whether it can take cognizance of the offences in absence of any authorization / sanction by the federal or provincial governments u/s 196 Cr.P.C.

It was also observed that in this case, registration of FIR, issuance of non-bailable warrants. Investigation of the case and submission of interim challan against the petitioner are the “acts” done by the officer In-charge and Investigating officer of PS Bijli road without lawful authority for, the prosecution was launched against the petitioner without complaint  made by the order of the federal government or the provincial government or by an officer authorized in this behalf by either of the two governments. Therefore, constitution petition to review such acts is held competent. Reliance in this regard is placed on the case reported  as  FIA through Director General , FIA and others vs Syed Hamid Ali Shah and others (PLD 2023 SC 265).

It may be mentioned here that the PTI chief had challenged the FIR as well as the non-bailable warrants in the High Court making IGP Balochistan and other high ups party in the case.

The leader of Insaf Lawyers Forum Syed Iqbal Shah and others appeared as lawyers of the petitioner.

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