LHC suspends another district court order against Babar Azam

Cricketer challenges court order to FIA to lodge case against him for allegedly harassing, blackmailing Hamzia Mukhtar

LAHORE:

Lahore High Court (LHC) Justice Asjad Javed Ghural on Monday suspended another district and sessions court order which had directed FIA to register a case against cricketer Babar Azam and two others for allegedly blackmailing, harassing and hurling threats to Hamiza Mukhtar.

The LHC judge had earlier also suspended the operation of an order passed by a sessions court to the Naseerabad police to register a case against Babar on Hamzia’s complaint.

Petitioner Hamiza had moved to the Federal Investigation Bureau (FIA) against unidentified callers who, according to her claim, used to pose her threats of dire consequences on her Whatsapp, her phone, in response to the ‘litigation battle’ which she had initiated against the Pakistani cricketer.

The district court judge ordered FIA “to proceed further with respect to registration of FIR against the culprits within the stipulated time after committed of legal formalities”.

Read: Babar Azam moves LHC against lower court verdict in harassment case

Babar Azam’s challenges said order

Babar in his petition made 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 respondents in the case.

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.

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.

Also read: FIA directed to proceed against Babar Azam

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.