ISLAMABAD: In an unusual development, a fresh charge sheet (challan) was submitted by the City Police in the Azadi March 2022 case before the court against the incarcerated Pakistan Tehreek-e-Insaf (PTI) founding chairman, Imran Khan, and others, even though Khan and other accused had been acquitted in the same case in 2024.
Judicial Magistrate Shehzad Khan, while hearing the case, observed that the accused had already been acquitted in the same case. Relying on the previous order, the court consigned the case to the record.
During the proceedings, defence counsel Sardar Masroof Khan and Zahid Bashir Dar appeared before the court on behalf of the PTI founding chairman and submitted a copy of the earlier acquittal order.
Addressing the court, Sardar Masroof Khan said it was unprecedented in judicial history for a fresh challan to be filed after an accused had already been acquitted. He pointed out that the court had acquitted Khan in 2024, yet another challan was submitted in 2025.
The magistrate directed the defence to produce the earlier order, and after examining the record ruled that the fresh challan could not proceed. Subsequently, the court consigned the case related to the new challan to the record.
The case pertains to a first information report (FIR) registered at Tarnol police station in connection with the Azadi March.
According to the previous order issued by the senior civil judge Muhammad Shabir, the court has carefully gone through the available record. In the first instance, it may be observed that there is nothing on record to show that proper publication as required u/s 144 Cr.P.C was made by the government. Instant FIR was lodged by Station House Officer (SHO) Muhammad Iqbal Gujjar of Police Station Tarnol, it says, adding that this FIR is outcome of the Notification dated May 23, 2022 whereby Section 144 Cr.P.C was imposed in Islamabad by Additional District Magistrate to constitute an offence u/s 188 PPC which was necessary according to Section 188 PPC that the FIR must have been lodged by the person who issued the notification.
The order says that a police officer is not authorised to register an FIR for violation of notification unless a complaint in writing was made by the authority in terms of section 195 (1) (a) Cr.P.C. Hence, the FIR is invalid and illegal as held in judgment reported as 1998 P.Cr.L. J87, P. Cr.L. J 2306, it says.
The judgment further says that no overt act whatsoever has been attributed to the present accused/ petitioner. There is nothing on the record to suggest that he committed abetment in the commission of the alleged offence. His mere presence means that the mob is not relevant to connect him with the commission of the offence, as held in 1999 P.Cr. L.J 1081, it says.
The order says that it is astonishing to note that as many as eleven prosecution witnesses have been mentioned in the list of witnesses separately attached to the challan. For the foregoing reasons, I am of the considered opinion that there is no probability of the accused being convicted or sentenced for the offence, and framing of charge or carrying on further proceedings in the case will only be a futile exercise, the order says.
The order says that as such, the application u/s 249-A Cr.P.C filed by the accused persons namely Irman Khan Ahmed Khan Niazi, Asad Umer, Raja Khurram Shahzad, Ali Nawaz Awan,\ Faisal Javed, Abid Hussain Abbasi and Zaheer Khan is allowed and they are acquitted of the charge under section 353/186/506(ii)/188/147/149 PPC, of Tarnol police station.
Copyright Business Recorder, 2026
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