After sessions court, IHC also dismisses application by ARY?s Salman Iqbal

[ahlam1399]

After sessions court, IHC also dismisses application by ARY?s Salman Iqbal

Justice Athar Minallah rules application was **t competent; magistrate report says sufficient grounds exist to proceed against Salman Iqbal, Mubasher Luqman,

Sabir Shakir, Arif Hameed Bhatti, Aqeel Karim Dhedi for levelling

false accusations against IMCL

ISLAMABAD: Justice Athar Minallah of the Islamabad High Court (IHC) has dismissed ARY CEO Salman Iqbal’s criminal revision application against the orders of an additional sessions judge (ASJ) which had dismissed his application under Section 203 seeking dismissal of an application filed against him and others by the Independent Media Corporation (Pvt.) Ltd (IMCL).

The IMCL had filed a complaint with the court of ASJ under Section 200 of Criminal Procedure Code (CrPC) alleging commission of offences by the respondent ARY under Sections 500 & 501 which were related to punishment for defamation as the ARY through its programs had been leveling false allegations against the IMCL Jang/Geo group.

The IMCL had filed the said complaint against Salman Iqbal, Mubasher Luqman, Sabir Shakir, Arif Hameed Bhatti, Aqeel Karim Dhedi and one other for leveling accusations in the ARY programme “Khara Sach” dated December 21, 2013 and December 31, 2013.

The ASJ court then directed an ilaqa magistrate to conduct an inquiry into this matter to ascertain whether the complaint had valid grounds.

The ilaqa magistrate in his report said sufficient grounds exist under which the accused Salman Iqbal and others could be preceded against for leveling false accusation against the IMCL.

The court then issued summons for the ARY CEO and others mentioned above.

The court on October 14, 2014 and **vember 17, 2014 issued bailable arrest warrants.

Salman Iqbal then filed a criminal revision against the orders that was disposed of on December 8, 2015 with directions from the IHC to appear before the court.

He then filed an application under Section 203 with the trial court for dismissal of the IMCL application.

The trial court however dismissed his application on April 28, 2016.

Contesting the trial court orders, Salman Iqbal then filed a criminal revision with the IHC pleading that the orders passed were illegal without taking the relevant matter into consideration.

The IMCL counsel on the other hand argued before the IHC that the process had already been issued by the trial court.

The trial court is satisfied that sufficient grounds for taking cognizance existed there.

Salman Iqbal through this criminal revision has been seeking discharge or acquittal rather than dismissal of the complaint in which admittedly, five other persons have been arrayed as accused, the IMCL counsel argued.

Dismissing Iqbal’s criminal revision, the IHC bench observed: “A plain reading of Section 203 CrPC clearly shows that it does **t contemplate a partial dismissal of a complaint. It was open for the petitioner to have sought a discharge or acquittal, inter-alia, invoking the remedies provided under the CrPC i.e. Sections 249-A or 265-K, as the case may be”.

The bench further said: “The application filed under Section 203 of CrPC was indeed **t competent since the process had already been issued and the complaint could **t have been dismissed since the five other accused are also arrayed therein”.

The bench said the trial court issued the process in the IMCL application After forming an opinion that there exist sufficient grounds for proceedings.

Further, the ARY counsel failed to point out any misreading/**n-reading or misapplication of the law in the trial court orders dated April 28, 2016. With these observations, the IHC bench dismissed Salman Iqbal’s criminal revision.



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