Court throws out Nov 26 FIR plea

Notes that petition to file case against PM, others lacks supporting material

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ISLAMABAD:

An additional district and sessions judge has dismissed a petition seeking the registration of an FIR against Prime Minister Shehbaz Sharif, Interior Minister Mohsin Naqvi, Punjab Chief Minister Maryam Nawaz and others over the alleged death of a citizen during the PTI's November 26 protest.

In the written verdict, Judge Muhammad Afzal Majoka ruled that legally, the arguments of the petitioner's lawyer held no weight, as supporting material is required for such a petition.

In his nine-page detailed judgment, the judge stated that for an FIR to be registered, sufficient evidence must be presented, something which the petitioner has failed to provide.

The petitioner claimed that his son, Muhammad Ali, was among nine people allegedly killed during the protest. However, he failed to provide a death certificate or post-mortem report. The petitioner also claimed that the police and Islamabad authorities refused to provide any record related to the deaths.

According to the petition, all nine deceased individuals were from Khyber Pakhtunkhwa.

The court noted that the petitioner could have requested an exhumation order from a magistrate to determine the cause of death but did not do so. The petitioner's lawyer argued that determining the cause of death was the police's responsibility, not the petitioner's.

The petitioner further alleged that the police forced him to sign a blank document when handing over the body of his son. He also claimed that when he and the families of other deceased individuals went to the police station to file an FIR, they were detained. According to him, the police later released others after taking affidavits but refused to record his statement.

The court also highlighted that the names of the accused were not mentioned in the petition. It further stated that forensic medicine, legal medicine, and medico-legal reports are essential for criminal justice and fair trials under Article 10-A. The role of a medical examiner is crucial in such cases.