ID :
167221
Thu, 03/10/2011 - 14:36
Auther :
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http://m.oananews.org//node/167221
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Blasphemous cartoon case: SHC puts Prosecutor General on notice
KARACHI, March 10, 2011 (PPI): Sindh High Court has issued notice to Prosecutor General Sindh with direction to ensure an officer is detailed to attend case pertaining to issuance of arrest warrants for Chairman of Pakistan Telecommunication Authority over publication of blasphemous caricatures in Pakistan in 2006.
This order was passed by a division bench on Wednesday, which also directed petitioner, Zonal Director of PTA, to file progress report in matter before next date.
Petition was jointly filed by Chairman and Zonal Director of PTA, who impleaded Sindh Chief Secretary, Sindh Home Secretary, SSP Investigation Zone-II Karachi Muhammad Farooq Awan & Additional District & Sessions Judge, Central, Karachi, as respondents.
They submitted complainants Advocate Maulvi Iqbal Haider & Dr. Muhammad Imran Oppal had invoked jurisdictions of Supreme Court through constitutional petition in 2006 over matter of publication of defamatory caricatures of Holy Prophet Muhammad (PBUH) in Denmark, France and other European states newspapers.
In their petition in apex court, they had alleged Pakistan Telecommunication Authority and Pakistan Telecommunication Limited of not blocking certain foreign websites on which these caricatures were posted.
Following directions passed by apex court, an FIR (105/2006) under Section 295-C PPC was lodged at Gulbahar police station, Karachi, for publication of offending material against Editors of many foreign newspapers, websites and Heads of PTA & PTCL.
Counsel for PTA chief submitted Investigation Officer SP Farooq Awan himself stated in final challan that material relating to investigation could not be collected as most accused persons belong to foreign countries.
He contended trial court, District & Session Judge Central Karachi without having its jurisdictions mechanically passed order of issuance of blind non-bailable warrants for arrest of PTA Chairman, PTCL officers not by name, but by official designations on October 30, 2009.
He argued such warrant on its face was not tenable in law and vogue, as trial court failed to appreciate it had no jurisdiction without obtaining permission from competent authority/ President of Pakistan as required US 197 CrPC. It was prayed to suspend operation of warrants.
Earlier, SHC had suspended operation of arrest warrants through ad-interim order passed on November 6, 2009.
On Wednesday, Advocate Ali Akbar Sehto for petitioner, Additional AG Muhammad Sarwar Khan & Standing Counsel Rizwan Doodani were present, but Prosecutor General was absent.
Extending ad-interim stay order passed earlier for a date in office, SHC bench issued notice to PG Sindh Shahadat Awan with direction to ensure some officer is detailed to attend this case. Petitioner was also directed to file progress in matter before next date.
This order was passed by a division bench on Wednesday, which also directed petitioner, Zonal Director of PTA, to file progress report in matter before next date.
Petition was jointly filed by Chairman and Zonal Director of PTA, who impleaded Sindh Chief Secretary, Sindh Home Secretary, SSP Investigation Zone-II Karachi Muhammad Farooq Awan & Additional District & Sessions Judge, Central, Karachi, as respondents.
They submitted complainants Advocate Maulvi Iqbal Haider & Dr. Muhammad Imran Oppal had invoked jurisdictions of Supreme Court through constitutional petition in 2006 over matter of publication of defamatory caricatures of Holy Prophet Muhammad (PBUH) in Denmark, France and other European states newspapers.
In their petition in apex court, they had alleged Pakistan Telecommunication Authority and Pakistan Telecommunication Limited of not blocking certain foreign websites on which these caricatures were posted.
Following directions passed by apex court, an FIR (105/2006) under Section 295-C PPC was lodged at Gulbahar police station, Karachi, for publication of offending material against Editors of many foreign newspapers, websites and Heads of PTA & PTCL.
Counsel for PTA chief submitted Investigation Officer SP Farooq Awan himself stated in final challan that material relating to investigation could not be collected as most accused persons belong to foreign countries.
He contended trial court, District & Session Judge Central Karachi without having its jurisdictions mechanically passed order of issuance of blind non-bailable warrants for arrest of PTA Chairman, PTCL officers not by name, but by official designations on October 30, 2009.
He argued such warrant on its face was not tenable in law and vogue, as trial court failed to appreciate it had no jurisdiction without obtaining permission from competent authority/ President of Pakistan as required US 197 CrPC. It was prayed to suspend operation of warrants.
Earlier, SHC had suspended operation of arrest warrants through ad-interim order passed on November 6, 2009.
On Wednesday, Advocate Ali Akbar Sehto for petitioner, Additional AG Muhammad Sarwar Khan & Standing Counsel Rizwan Doodani were present, but Prosecutor General was absent.
Extending ad-interim stay order passed earlier for a date in office, SHC bench issued notice to PG Sindh Shahadat Awan with direction to ensure some officer is detailed to attend this case. Petitioner was also directed to file progress in matter before next date.
