Babar Azam moves LHC against lower court verdict in harassment case

Pakistan cricket team captain Babar Azam has approached the Lahore High Court (LHC) against a district and sessions court order in which it had directed FIA to register case against him and two others for allegedly blackmailing, harassing and hurling threats to a woman.

Hamiza Mukhtar, the complainant, had initiated litigation against Babar for allegedly blackmailing and fornicating with her on false promises of marriage.

Babar in his petition made respondents Hamiza Mukhtar, SHO [Station House Officer] FIA's Cyber Crime Circle and the judge of district court who had directed FIA to register FIR against him.

The cricketer has contended in the application that the order passed by the district and sessions court was “an unreasoned and non-speaking order”.

“Adding the direction to register FIR without applying judicial mind is against the real essence of the law. The impugned order does not even consider the fact that no cognisable offence is made out and the instant complaint is the third complaint filed in an attempt to blackmail, harass and intimidate the petitioner to pay extortion money,” the cricketer said in the petition.

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It added that the Justice of Peace is not bound to issue directions to the police in each and every case, to record the statement of the complainant, if apparently no cognisable offence is made out or the complaint is tainted with malice and ulterior motives.

The impugned order was in violation of the Prevention of Electronic Crimes and Investigation Rules 2018, while the direction to register an FIR was in violation of Rules 7 of the same.

“That the impugned order, passed without hearing the petitioner, is also a violation of the fundamental rights of the petitioner as guaranteed in the Constitution adding he reserves the right to raise further grounds at the time of hearing.”

Babar prayed the court to suspend the verdict till the final decision of this petition.

Earlier this year, the LHC had suspended the operation of an order passed by a sessions court to the Naseerabad police to register a case against Babar on complaint of Hamiza.