PESHAWAR: Peshawar High Court has ordered quashing of an FIR registered against a cleric last year in Lower Dir by the local police accusing him of outraging feelings of worshippers by uttering derogatory comments against elderly persons and others.

A bench consisting of Justice Mohammad Naeem Anwar and Justice Shahid Khan accepted a petition filed by prayer leader Mufti Muhsin Mehmood, ruling that the station house officer (SHO) of the police station Timergara had violated section 196 of the Code of Criminal Procedure by directly taking cognizance of the matter and lodging the impugned FIR.

The bench observed that the SHO had to simply file a complaint against the petitioner before the court of competent jurisdiction after ensuring compliance of section 196 CrPC.

The FIR was registered by the SHO, inspector Bukht Jamal, on June 14, 2022, under sections 295 A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 298 (uttering words to wound religious sentiments of a person) and 506 (criminal intimidation) of the Pakistan Penal Code and section 3 of the Loud Speaker Ordinance.

A case was registered last year after video of the prayer leader had gone viral

The case was registered after a video of the petitioner had gone viral on the social media wherein he was allegedly instigating citizens against senior citizens.

The complainant stated that the accused while delivering a Friday sermon stated that those sitting in the front row especially the elderly people were mostly hypocrites.

The cleric had further stated that the elderly people should be shot with a rifle so as to get rid of them. He had allegedly stated that these senior citizens had been making a lot of noise causing inconvenience to the clerics.

The complainant stated that the accused/petitioner not only used derogatory language against the elderly people but also targeted dead people.

He added that the cleric had thus hurt religious sentiments of a large number of people and also violated sanctity of the mosque.

Later on, the petitioner and his family members had through video messages apologized to general public especially senior citizens.

The petitioner’s counsel, Mohammad Rahim Shah, contended that as per section 196 CrPC an offence under section 295-A PPC was cognizable only on complaint made by the government and the court could not take cognizance in such like cases on the basis of an FIR.

He argued that the very registration of the said FIR was illegal as mandatory provision of section 196 CrPC had not been complied with.

He further contended that in case of any offence in respect of which provisions of section 196 CrPC applied, officer incharge of the investigation in the district order a preliminary investigation by a police officer not below the rank of inspector.

He argued that under the said provision no court should take cognizance of certain offences including those falling under section 295-A PPC, unless upon complaint made by order of, or under authority from, the central or the provincial government concerned or some officer empowered in this behalf by either of the two governments.

The bench agreed with the points raised by the petitioner’s counsel observing that registration of the FIR by the SHO was in violation of the said provision of the CrPC.

The bench also discussed provision of section 561-A CrPC, dealing with powers of the court to issue orders for securing the ends of justice and cited several judgments of the superior courts observing that it (court) could order quashing of an FIR under its constitutional jurisdiction.

Published in Dawn, November 20th, 2023