9 Crl.P. No. 225 of 2023 and frivolous prosecution by the Government without any substance on the plea that the thoughts are anti-State, amounts to undermining the constitutional command and as such, depriving citizens from their fundamental rights of freedom of movement, assembly, speech, and right to information. Such misuse of authority creates a sense of fear and insecurity in the society, which result into hatred against the State’s institutions. When citizens are put in fear, they cannot perform their functions freely, which amounts to preventing them from contributing towards the society in accordance with the Constitution, law and as per their conscience. In such a hostile atmosphere, the media cannot also perform its functions freely, rather it will undermine the freedom of speech, expression, and access to information of the citizens, as guaranteed by the Constitution, resulting into mistrust in the institutions. A democratic Government is considered to be by the people, of the people and for the people. It must, therefore, develop an atmosphere of tolerance, to promote political and social justice; to create a habit of listening to healthy criticism, which is the beauty of democracy. Thus, the Government must accept the will of the people, instead of considering its critics and political opponents as enemy of the State, to avert hatred and mistrust of citizens upon the institutions, by refraining itself from misusing the power and authority and to avoid malicious, baseless and frivolous prosecution against its citizens. 8. The record reflects that vide a Notification No.8/85/2020- Law dated 14.12.2020, the Federal Government has empowered the Secretary to file complaints on its behalf, against a person(s) for the offences mentioned in section 196. Admittedly, the Secretary did not file any complaint against the petitioner, rather, the FIR was registered against the main accused under the said sections by the Magistrate after getting permission from the Secretary, through a letter dated 09.08.2022. The Secretary being a delegate himself, has no jurisdiction to redelegate the authority to anyone else. In the present case, the FIR was registered with permission of the Secretary without considering the provisions of

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