Lawyers divided whether an individual can file a sedition case

LAHORE: Lawyers have a diverse opinion on legality of the sedition FIR [first information report] against Pakistan Muslim League-N (PML-N) supremo Nawaz Sharif and others whether an individual can register a treason case or not.

Advocate Azam Nazir Tarar told The News an individual could not register a treason case. He said that it was the mandate of the state to file a treason case. He said treason charges were only applicable if someone did or say something against the state institutions. “If someone criticises a public office-holder, it cannot be termed sedition or treason,” Tarar added.

He said we should learn from history as we all know the fate of such case. “Such cases don’t add to the respect of the institutions,” he added. About future legal course for individuals, who are nominated in the FIA, Tarar said they could move a court for quashing the FIR.

On the other hand, Advocate Azhar Siddique said any individual could file a sedition FIR. He said during the course of investigation, the federal government opinion could be sought and if the government agrees to holding the treason sections in the FIR, those could remain intact.

After the registration of an FIR, an individual is not a complainant but the state is the complainant, Azhar added. He said Pakistan Penal Code sections could be removed and added during the course of investigation. Registration of the FIR is not a big thing, the investigator and the courts could seek opinion of the government at any stage of the case, Azhar concluded.