اسلام آباد ہائی کورٹ نے تعزیراتِ پاکستان میں بغاوت کی دفعہ 124 اے کو کالعدم قرار دینے کی پاکستان تحریک انصاف ( پی ٹی آئی) کی رہنما شیریں مزاری کی درخواست مسترد کر دی۔

 چیف جسٹس اطہر من اللہ نے درخواست ناقابل سماعت قرار دے کر خارج کر دی، پی ٹی آئی رہنما شیریں مزاری نے تعزیرات پاکستان کی دفعہ 124 اے کالعدم قرار دینے کی استدعا کی تھی۔

درخواست گزار شیریں مزاری کا کہنا تھا کہ بغاوت کی دفعہ آئین پاکستان میں دیئے گئے بنیادی حقوق سے متصادم ہے۔
23092022
W.P. No.3549/2022
Dr Shireen Mehrunnisa Mazari Versus Federation of Pakistan through Secretary, Ministry of Law & Justice & 11 others

Mr Abu Zar Salman Khan Niazi, Advocate for petitioner.

Athar Minallah, C.J.- The petitioner, Dr Shireen Mehrunnisa Mazari, is the Senior Vice President of Pakistan Tehreek-e-Insaf. She was a member of the National Assembly of Pakistan and had also served as Federal Minister for Human Rights with effect from 20-08-2018 till 10-04-2022. She has invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the “Constitution”) challenging the vires of section 124-A of Pakistan Penal Code, 1860 (hereinafter referred to as the “PPC”).

2. The learned counsel for the petitioner, at the very outset, was asked whether the petitioner has been charged in any criminal case under the offence of section 124A of PPC. He has answered in the negative. However, he has stated that the petition has been filed as ‘public interest litigation’ because of the abuse of the offence under section 124A of PPC by the executive authorities. He was asked why the Court should exercise its extra ordinary discretionary power under Article 199 of the Constitution, when the petitioner is not personally aggrieved because she has not been nominated in any criminal case for an offence under section 124A of PPC. The learned counsel has stated that the offence of sedition under section 124A of PPC is in violation of the fundamental rights guaranteed under Articles 14 and 19 ibid.

3. It is noted that the petitioner has served as Minister for Human Rights from 20-08-2018 till 10-04-2022. Regrettably, at that time, cases were made against peaceful protestors under the offence of section 124A of PPC. The petitioner is Senior Vice President of one of the major political parties, which is represented in the Majlis-e-Shoora (Parliament). Admittedly, the party has significant representation in both the Houses i.e. Senate of Pakistan and the National Assembly of Pakistan. The petitioner,

through her political party has an opportunity to raise the matter in the Majlis-e-Shoora (Parliament). By entertaining the petition, this Court would be transgressing upon the power and jurisdiction of the Majlis-e-Shoora (Parliament). Moreover, by doing so the Court would be unnecessarily undermining the sanctity and supremacy of Majlis-e-Shoora (Parliament). The petitioner has an adequate remedy available under the Constitution to raise the matter before the Majlis-e-Shoora (Parliament) through the chosen representatives belonging to her political party. This Court is, therefore, not inclined to exercise its extra ordinary power under Article 199 of the Constitution.

4. For the above reasons, the petition stands dismissed. However, the petitioner, if so advised, may raise the matter in the Majlis-e-Shoora (Parliament) through the chosen representatives belonging to Pakistan Tehreek-e-Insaf.