The Peshawar High Court recently commanded police to dismiss a sedition case involving the political party of former Prime Minister Imran Khan, Pakistan Tehreek-i-Insaf. The sedition case ostensibly mirrors an already-filed First Information Report (FIR) by a police station against three of the party’s leaders. The court, in its rationale for the dismissal, cited the legal principle of double jeopardy, which forbids an individual from being tried or punished twice for the same offence. The full story is covered at jurist.org.
The petition influencing this decision was spearheaded by Shahid Ali Khan, the mayor of Babuzai town, along with former Member of National Assembly Saleemur Rehman and former Member of Provincial Assembly Fazal Hakeem. They contested an FIR filed in North Waziristan’s Miramshah police station against them, which mirrored charges found in two earlier cases.
An FIR, or First Information Report, comes into existence when the police receive information about the commission of a cognizable offence. When an FIR is disregarded or not promptly registered by the police, this is viewed as an offence against standard procedure and can even lead to disciplinary action against the police officer responsible.
Under Section 124-A of the Pakistan Penal Code, contempt, disaffection or hatred towards the legally established federal or provincial government, expressed through spoken or written words, signs, visible representation, or other mediums, can be answerable by life imprisonment and/or a fine. Alternatively, an offender may face imprisonment for up to three years with an option of a fine added.
The Peshawar High Court underscored Article 13 of the Pakistan Constitution, which prohibits double prosecution and punishment for the same offence. This means one cannot be tried and punished if they have previously been acquitted or convicted by a competent court. Exceptions can occur in instances outlined under Section 403 of the Code of Criminal Procedure, outlining scenarios where legitimate trials could be permitted, such as if the court that initially tried the defendant was not competent.