11
Crl.P. No. 225 of 2023
required material, initiating judicial proceedings against the
petitioner is an abuse of the process of the Court. The manner in
which the petitioner was proceeded against, amounts to inciting
fear not only amongst the entire administration of the broadcaster,
but will also have an impact upon rest of the print and electronic
media, which will certainly obstruct their constitutional right. On
the basis of the material available on the record, no case was made
out against the petitioner. The fora below have ignored these
constitutional, legal, and factual aspects of the case and have
failed to exercise their mandatory inherent powers in favour of the
petitioner, which is an illegality.
Thus, in view of the above, the petition is converted into an
appeal and is allowed. The impugned judgment of the High Court
and that of the Trial Court are set aside. The proceedings initiated
against the petitioner, pursuant to the above referred FIR are
quashed to his extent. He is acquitted from the case.
Judge
Judge
Judge
Islamabad,
14.09.2023
K.Anees/Ammar Ahmed Cheema, LC
APPROVED FOR REPORTING