ISLAMABAD:(APS)Nov 27,2015- The suspended FIR registered against Prime Minister Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif, a number of federal ministers and top police officers during last year’s political sit-ins was on Thursday restored due to a lack of coordination among the government’s legal team.
A petition filed by the government seeking the quashment of the FIR was dismissed by Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) due to non-prosecution.
Additional Attorney General (AAG) Mohammad Waqar Rana last year filed the petition to quash the case registered by the Secretariat police on the complaint of Pakistan Tehreek-i-Insaf (PTI) leaders.
The FIR was registered on the direction of an additional district and sessions judge (ADSJ) on September 27, 2014, against the top government functionaries on the charge of ‘deliberate use of force’ against the participants of the sit-ins.
IHC dismisses plea seeking quashment of case for non-prosecution
Four protesters were killed and several others injured when the participants of the sit-ins clashed with the police while moving toward the Prime Minister House on August 30, 2014.
In October 2014, the IHC suspended the FIR at the request of the government.
Sources said on November 25, the case along with all the relevant record had been transferred to Advocate General (AG) Mian Abdul Rauf with a direction by the federal government to withdraw the petition enabling the police to ‘dispose of’ the FIR.
On Thursday, the AG appeared before the court with a request to withdraw the petition. However, Justice Siddiqui observed that the petition could be withdrawn only by Mr Rana, the AAG, as he had filed it.
The court was informed that Mr Rana was engaged in the Supreme Court in connection with some cases. After a brief hearing, the court deferred the matter and asked the law officers to ensure the presence of Mr Rana after the break.
Mr Rana, however, could not reach the IHC when Justice Siddiqui resumed the hearing of the matter. Subsequently, the court dismissed the petition for non-prosecution.
With the dismissal of the government petition, the stay order issued by the IHC against the FIR lapsed and, as a result, the FIR was automatically restored.
A senior law officer on the condition of anonymity told Dawn that the government would file an application for the restoration of the petition. He, however, said the consequence of the dismissal or withdrawal of the petition was the same; restoration of the FIR.
The government petition seeking the quashment of the FIR maintained that the police officers were responsible for the security of the buildings and had acted against the protesters when they entered the premises and started damaging them.
According to the petition, the ADSJ was not competent to issue an order for the registration of the FIR.