ISLAMABAD: The Islamabad High Court (IHC) on Wednesday set legal criteria for registering a case on sedition charges. The criteria was set in a detailed order regarding the dismissal of sedition case against PTI MNA Shandana Gulzar.
Justice Mohsin Akhtar Kayani issued a detailed nine pager judgment in this regard. In its verdict, the IHC declared
(a) Offence must contain promotion of feeling of enmity, hatred or ill-will between different religious or racial or linguistic or regional groups or castes.
(b) Words, deeds or writing used to disturb the tranquility of the State or to subvert the government.
(c) Incite the people to incursion and rebellion.
(d) Complaint must be initiated by the Federal or Provincial Government and by authorized person under the law after considering the relevant factors of the alleged incident ?nth reasons..
(e) Private persons cannot agitate the matter regarding seditious of charge rather it should be initiated, inquired and investigated by the Government or at least on their direction.
(f) Criminal conspiracy can only be considered if the other principle offence conies on record on the basis of allegations referred in the complaint in each case.
(g) Authorized officer shall state reason before issuing any sanction in terms of Sections 196 and 196•A, Cr.P.C. with speaking order.
It may be recalled that in February this year, Shandana Gulzar was booked
over “provocative remarks” against state institutions. The case against her was lodged under sections 153-A (promoting enmity between different groups), 124-A (sedition), and 505 (statements conducive to public mischief) of the Pakistan Penal Code.
The FIR stated that Shandana Gulzar in an interview with a private channel gave remarks against institutions in which an attempt was made by her to spread unrest and chaos.
on March 24, Justice Mohsin Akhter Kayani of IHC ordered to quash a first information report (FIR) on charges of sedition against PTI’s leader Shandana Gulzar, the detailed verdict of which was released today.
