ALI BAIG, C.J. The petitioners, through the instant petition filed under section 561-A, Cr.P.C, has prayed for quashment of FIR No. 36/2022 dated 03.05.2022 registered under sections 341, 147, 353, 186, 506, 500, 337-A(iii), 427, P.P.C. at Police Station City Gahkuch, District Ghizer.
2. Concisely the allegations against the petitioners as reflected in the FIR are that the on 03.05.2022 at about 1610 hours, the present petitioners and their co-accused along with other people of the locality staged a protest and blocked the main road in front of PS City Gahkuch against an incident of vulgarity which took place in City Park Gahkuch, where some miscreants had committed vulgar activities in the aforesaid public place and an FIR No.35/2022 was lodged against the miscreants of said incident. The local police arrested a nominated accused of the aforementioned incident namely Saeed ur Rehman and when the accused was taking into the police station by the local police, meanwhile the petitioners along with co-accused attacked the police personnel and caused injuries on the head of FC Saleem Ullah in addition to damage of police station's gate and police vehicle. One co-accused namely Sultan Hameed has also broken the table glass of Moharrir Office on the pretext of negotiation.
3. The learned counsel for the petitioners argued that it is fundamental and constitutionally guaranteed right of the petitioners to protest against any unlawful activity, but the local police of PS City Gahkuch have malafidely lodged FIR No.36/2022 against the petitioners. The learned counsel for the petitioners further argued that the contents of the FIR itself reveals that neither any offence has been committed by the petitioners nor any mensrea has been reflected in it regarding the commission of offence. The learned Counsel for the petitioners further argued that the protest was held by thousands of citizens of Gahkuch in a peaceful manner, but the local police have malafidely and with ulterior motives have lodged FIR No.36/2022 against the present petitioners.
The learned counsel for the petitioners further argued that further trial of the case would be abuse of process of law and hundreds of peaceful citizens will suffer in consequence of the operation of the impugned FIR, therefore, the impugned FIR may be quashed to the extent of present petitioners in the interest of justice. In supported of his arguments, the learned counsel for the petitioners has relied upon judgments of superior Courts reported as 1998 MLD 1533 [Lahore], PLD 2011 Karachi 99, 2013 CLC 1709 [Lahore] and 2014 CLC 1558 [Lahore].
4. On the other hand, the learned Dy. Advocate General controverted the arguments advanced by the learned counsel for the petitioners and submitted that the petitioners have committed offence by interfering in the affairs of the State. The learned Dy. Advocate General further submitted that the petitioners have attacked the police personnel and they have caused injury on the head of one food constable namely Saleem Ullah and also caused damage to gate of Police Station and police vehicle. The learned Dy. Advocate General further contended that the protest of the petitioners along with co-accused was not peaceful rather the said protest was violent in nature. The learned Dy. Advocate General further contended that if the impugned FIR is quashed, this will encourage the petitioners and others habitual offenders who always interfere in State affairs on the basis of political power. The learned Dy. Advocate General further argued that prima facie the petitioners have committed offence and FIR has rightly been lodged against them and the petitioners are required to face trial where they can prove their innocence, hence to quash the impugned FIR at this stage would be injustice.
5. I have considered the arguments advanced by the learned counsel for the parties and with their able assistance perused the record of the case.
6. Admittedly some miscreants had committed vulgar activities in the City Park of Gahkuch which is a public place. Accordingly an FIR bearing No.35/2022 was lodged against the miscreants of the aforesaid incident. The local police failed to arrest the nominated accused of the aforesaid FIR in time. Resultantly the present petitioners/accused and thousands of other people of Gahkuch District Ghizer held a peaceful protest/demonstration. But instead of arresting the actual culprits of FIR No.35/2022 the police have lodged the impugned FIR against the present petitioners with mala tide intention.
7. Holding of demonstration and freedom of assembly is an essential element in a democratic society which is guaranteed fundamental right under the Constitution of Islamic Republic of Pakistan, 1973. Such inalienable right cannot be abridged or restricted nor can it be allowed to the termed as an offence of unlawful assembly. The exercise of fundamental right by the citizen cannot justifiably be made ground for lodging FIR against them.
8. Moreover, the learned Dy. Advocate General during the course of arguments stated that one Saleem Ullah FC has sustained injury during the aforesaid incident but he has failed to produce any injury sheet in this regard. Prima facie the instant incident has been taken place due to inefficiency of local police as the local police did not bother to arrest the accused of case FIR No.35/2022 well within time.
9. Furthermore, it is a matter of common knowledge that where the investigation of a case of substantial nature is not conducted in a proper manner by the police, the open protest of this type is lodged by the public at large. In certain cases even the political personalities also reach at the spot to supervise the working of police and to pacify and cool down the sentiments of the infuriated people. In the instant case unfortunately no such personalities have appeared/reached at the place of occurrence.
10. In view of the matter, I am in full agreement with the contentions of the learned counsel for the petitioners and it is a fit case for the quashment of the impugned FIR.
11. For what has been discussed above, this petition has the merits of acceptance, 1, therefore, allow this petition and quash the FIR No.36/2022 dated 03.05.2022 registered under sections 341, 147, 353, 186, 506, 500, 337-A(iii), 427, P.P.C. at Police Station City Gahkuch District Ghizer. File