Qadir Mandokhail moves SHC for registration of case against Firdous Ashiq Awan

KARACHI: Sindh High Court on Friday allowed the preliminary hearing of an application filed by Pakistan Peoples Party (PPP) MNA Qadir Khan Mandokhail for annulment of an order of additional sessions judge in Karachi and registration of a criminal case against Special Assistant to Chief Minister Punjab on Information Dr Firdos Ashiq Awan for slapping, threatening and harassing him during a talk show on a private television channel.

A one-judge bench of the Sindh High Court comprising Justice Amjad Ali Sahto, after briefly hearing the PPP’s counsel issued notices for a preliminary hearing to the provincial prosecutor general and other respondents.

In June, a video clip showing Dr Awan slapping Mandokhail after a verbal duel during a current-affairs show on a private television channel went viral.

Following the incident, which took place in an Islamabad studio on June 9, Mandokhail submitted a written application to a station house officer (SHO) of police station Saeedabad, Karachi West, for registering a criminal case against Dr Awan for assaulting, harassing and issuing him life threat.

However, after failing to get the criminal case registered against Dr Awan, Mandokhial filed an application under section 22-A of the Criminal Procedure Code (CrPC) before a sessions judge of district west, Karachi.

Through his counsel, Mandokhail contended before the additional sessions judge that he along with Dr Awan and a PML-N leader were invited to a current-affairs talk show of a private television channel to discuss certain political developments.

Mandokhail stated that during the conversation he gave utmost respect to Dr Awan and did not interrupt her when she was expressing her views.

However, when he started to present his views, Dr Awan did not only interrupt him frequently but also used foul language against him and the top leadership of his party. He stated that after a while Dr Awan fought with him, slapped him and gave him threats of dire consequences.

Mandokhail stated that the whole incident was watched on TV and then on social media which tarnished his and his family’s reputation, dignity and honour among his well-wishers and people of his constituency.

He submitted that section 179 CrPC provides for a trial to be held in the district where the act is done or where consequences ensue. In an inquiry report called by the additional sessions judge, the police confirmed to the court that people of Mandokhail’s constituency had grave concerns about the incident and also held a protest against it. However, the applicant did not turn up at the police station in person to record his statement.

Additional sessions judge (II), district west, Karachi on July 9, 2021, rejected application of Mr Mandkhail observing

“To be true, section 179 CrPC provides that accused could be tried in district where act is done or where consequences ensue, yet a glance at the application moved by the applicant for registration of FIR, clearly depicts that he in his application prayed for registration of FIR for the offences of assault, harassment, and threats of killing during a TV programme hosted at Islamabad. Since the offences for the applicant wants to lodge FIR carried out at Islamabad, therefore he ought to have moved such application before the concerned police station in Islamabad,” the judge had ordered.