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Criminal Miscellaneous Application No. 929 of 1977, decided on 28th August, 1978.
-- S. 15 read with Criminal Procedure Code (V of 1898), S. 561-A Quashment of proceedings-Allegations making basis of proceedings under S. 15 of Ordinance not only vague but also of no sub stance-Petitioner allegedly spreading rumours on a day when he was in police custody--Proceedings initiated against petitioner under different laws quashed by High Court bring mala fide and present proceedings under S. 15 of Ordinance last one of the series ---Petitioner involved in successive proceedings by District Administra tion being antagonised by his attitude--Proceedings quashed, in circumstances.
Muhammad Ali Sheikh for Petitioner.
Nazir Alam for the State.
Date of hearing: 28th August 1978.
This is an application under section 561-A, Cr. P. C. for quashment of proceedings started against the applicant in the Court of A. C. M., Shahdadpur under section 15 of West Pakistan Maintenance of Public Order Ordinance, 1960.
2. It is the case of the prosecutions as reported by S. H. O. Haji Abdullah of Shahdadpur Police Station that on 13-9-1976 at 1 p. m. at Hala Bus Stand, Shahdadpur, Head Constable Muhammad Aslam and Police Constable Ghulam Hussain heard applicant Syed Ghulam Ali Shah spreading rumours that the floods which had taken place had been artificially caused by giving cuts to the canals and actually the Government was against the poor people and was favouring the capitalists. On the strength of this report the applicant was sent up under section 16 of the Maintenance of Public Order Ordinance.
3. It has been pointed out by Mr. Muhammad Ali Shaikh that this is the last case of the series of cases in which the applicant was involved as applicant bad antagonised the district administration of Sanghar. He has shown that the cases under the Crimes Control Act, D. P. R., 107, Cr. P. C., 406, P. P. C. etc. were filed one after the other and the applicant was put behind the bars but all these matters have been quashed by the High Court; that this allegation of spreading false rumours is one such case and it was instituted at the instance of the district administration through Shahdapur Police. The police report shows that the allegations are vague and there is hardly any substance in the report. Mr. Shaikh has pointed out that on the alleged date of the incident, that is, on 13-9-1978 applicant Ghulam Ali Shah was in police custody having been arrested on 9-9-1976. That under these circumstances he could not have been present at Hala Bus-stand. Shahdadpur to incite the masses.
4. It is true that there have been a number of matters started against applicant Ghulam Ali Shah which have since been quashed under variou orders by the High Court. It has by now been suffciently established that these matters are filed because the district administration was not pleased with the attitude of Ghulam Ali Shah who was in the habit of making applications against them to the parties. The present case appears to be one of the series of such cases. There is hardly any substance in the police report and the allegations are vague. Under these circumstances if the proceedings are allowed to continue they would amount to abuse of the process of Court.
5. The proceedings are accordingly hereby quashed.
Proceedings quashed.
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