The Peshawar High Court instructed police Monday to dismiss a sedition case that mirrors an already-filed First Information Report (FIR) by a police station against three leaders of the Pakistan Tehreek-i-Insaf, the political party of the former Prime Minister Imran Khan. The court stated that such actions constitute double jeopardy, which is the legal principle prohibiting an individual from being tried or punished twice for the same offence.

Chief Justice Mohammad Ibrahim Khan and Justice Ishtiaq Ibrahim-led bench ruled that courts, as protectors of citizens’ fundamental rights, have a statutory duty to prevent vexatious prosecution. This decision followed the acceptance of a petition by Babuzai town mayor Shahid Ali Khan, former Member of National Assembly Saleemur Rehman and former Member of Provincial Assembly Fazal Hakeem. The petition challenged an FIR filed in Miramshah police station, North Waziristan, against them, identical to charges in two earlier cases. The court allowed the complainant to provide statements to the investigation officer in the Swat case, considering the principles outlined by the Supreme Court. The petitioners had argued that similar charges had already been filed against them in Swat and Lower South Waziristan police stations.

Malik Abdullah Zeb, a resident of North Waziristan, had filed an FIR claiming that after seeing a video on social media about the arrest of former Prime Minister Imran Khan, three petitioners allegedly addressed a large mob, using abusive language against the government and the Pakistan Army. Zeb alleged that the petitioners incited the crowd to “rise up” against national institutions, causing negative sentiments towards Pakistan and its army.

An FIR, or First Information Report, is a written document prepared by the police upon receiving information about the commission of a cognizable offence. This report is typically lodged by the victim of the offence or someone on their behalf, and it can be communicated to the police orally, in writing, or even through a telephone message. The term “first information report” reflects its nature as the initial report received by the police regarding the crime. The police have a duty to register an FIR promptly and without excuses. Failure to do so is considered an offence and can lead to disciplinary action against the responsible police officer. A cognizable offence is one in which the police can arrest a person without a warrant and initiate an investigation without court orders. On the other hand, a non-cognizable offence requires the court’s permission for the police to make an arrest or conduct an investigation.

Furthermore, Section 124-A of the Pakistan Penal Code, also referred to as the “Sedition Law,” stipulates that anyone using spoken or written words, signs, visible representation, or other means to foster hatred, contempt, or disaffection towards the legally established federal or provincial government, can be punished with life imprisonment and/or a fine. Alternatively, the individual may face imprisonment for up to three years, with the option of a fine.

The court emphasized that Article 13 of the Pakistan Constitution prohibits double prosecution and punishment for the same offence. No one can be tried and punished if they have already been acquitted or convicted by a competent court. However, it clarified that exceptions outlined in Section 403 of the Code of Criminal Procedure allow for legitimate trials in certain cases, such as if the court which tried the defendant was not competent.