LHC Suspends Court Order Against Babar Azam
Upon Hamiza Mukhtar pressing charges against the Pakistan cricket team's captain, Babar Azam, the LHC has now suspended the session's court order.
On Friday, 15th January, the Lahore High Court (LHC) suspended the operations of the court order against Babar Azam passed by a sessions court to the Naseerabad police to register a case against Pakistan cricket captain Babar Azam on a complaint of a woman.
A woman, identified as Hamiza Mukhtar, had filed a petition against Babar Azam in the sessions court in December 2020, in which she claimed to be the batsman’s neighbor and old schoolmate. She said the cricketer had tricked her into love and tortured her when she demanded that he marry her. She alleged that she financially supported Azam when he was a struggling cricketer, adding that she spent millions of rupees on him.
Justice Asjad Javed Ghural issued the stay order on a petition filed by the cricketer and sought replies from police and the complainant by Feb 8. Additional District & Sessions Judge, Muhammad Naeem, the other day had ordered police to record the statement of Hamiza Mukhtar under section 154 of Criminal Procedure Code (CrPC) against Azam to carry forward in accordance with the law.
Moreover, the judge and the court observed that serious allegations of miscarriage/abortion and deceitful intercourse on the false assurance of marriage, etc. were claimed against the proposed accused, Babar Azam. He further observed that from a bare reading of the application of the petitioner, prima facie commission of a cognizable offense was made out.
The judge further directed the Naseerabad station house officer to obtain and record the statement of the woman under section 154 of CrPC and proceed strictly in accordance with the law. Opposing the sessions court’s order, a counsel for Babar Azam argued before the LHC that the allegations of the complainant were based on faulty intention and were done only to blackmail the petitioner. He said the complainant had earlier withdrawn the same charges against the petitioner and reached a settlement before the police got involved.
Furthermore, Babar Azam’s counsel argued the sessions court passed the order on wrongful grounds of the case and without applying a judicial mind. He asked the court to set aside the impugned order for being illegally passed.
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