| Case ID |
dd3ccd6d-2d0a-4d96-92e5-eda066e45004 |
| Body |
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| Case Number |
Criminal Petition No. 251 of 2020 |
| Decision Date |
Mar 30, 2020 |
| Hearing Date |
Mar 30, 2020 |
| Decision |
The court granted bail to Alamgir Khan, emphasizing the importance of freedom of speech and the need for the state to be tolerant of dissent. The petitioner was deemed to have been emotionally influenced by personal trauma and the court determined that the question of whether the speech contravened legal restrictions should be resolved by the trial court. The court highlighted that the petitioner's days of incarceration were not serving a useful purpose and allowed his release upon furnishing a bond. |
| Summary |
In this notable case from the Supreme Court of Pakistan, the issue at hand was the bail application of Alamgir Khan, who had been incarcerated for delivering an incendiary speech against state institutions. The court examined the balance between freedom of speech and public order, referencing various legal provisions including the Criminal Procedure Code and the Pakistan Penal Code. The petitioner, a student who had suffered significant personal loss due to terrorism, argued that his speech stemmed from emotional distress rather than sedition. Ultimately, the court ruled in favor of granting bail, reinforcing the notion that dissent should be tolerated, irrespective of how it is expressed. This decision underscores the delicate interplay between individual rights and state interests, making it a significant ruling in the context of civil liberties. The case reflects ongoing concerns about freedom of expression in Pakistan, especially in times of heightened security and political sensitivity. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
UMAR ATA BANDIAL,
QAZI MUHAMMAD AMIN AHMED,
JUSTICE
|
| Lawyers |
Abdul Latif Afridi, Advocate Supreme Court,
Ahmed Raza Gillani, Additional P.G. Punjab,
M. Nawaz, SHO,
M. Sarwar, SI Police Station Civil Lines, Lahore
|
| Petitioners |
Alamgir Khan
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2020 SLD 725,
2020 SCMR 759
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860,
Maintenance of Public Order Ordinance (XXXI of 1960),
Punjab Sound Systems (Regulations) Act (XVIII of 2015)
|
| Sections |
497,
124A,
290,
291,
16,
6
|