| Citation(s) |
|---|
| 2015 SLG 966 2015 SLD 966 2015 SCMR 1779 |
Supreme Court of Pakistan
H.R.C. No. 4729-P of 2011 in S.M.C. No. 3 of 2009, decided on 14th July, 2015. Date of hearing: 14th July, 2015.
JAWWAD S. KHAWAJA AND DOST MUHAMMAD KHAN, JJ
Aitazaz Ahsan, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Bahrai Town.
H.R.C. No. 4729-P of 2011 in S.M.C. No. 3 of 2009, decided on 14th July, 2015. Date of hearing: 14th July, 2015.
JAWWAD S. KHAWAJA AND DOST MUHAMMAD KHAN, JJ
Aitazaz Ahsan, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Bahrai Town.
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Law:
Section:
Constitution of Pakistan--- ----Art. 184(3)---Criminal Procedure Code (V of 1898), S. 154---Suo motu case before the Supreme Court---FIR, registration of---Alleged encroachment on forest land by a private property developer---Beating up and unlawful detention of employees of Forest department---Chief Conservator of Forests had written a letter to the concerned Deputy Inspector General of Police, seeking registration of criminal case against the functionaries of a private property developer and a construction company for beating up and unlawfully detaining employees of Forest department when they tried to prevent encroachment on forest land--- Case record showed that no FIR had been registered to date---Supreme Court directed that the concerned City Police Officer (CPO) should submit a report, as to whether any FIR was registered, pursuant to the letter of the Conservator of the Forests and if so, what was the outcome of such FIR; that if no FIR was registered, the City Police Officer (CPO) shall state the reasons for not registering the same---Order accordingly. ORDER JAWWAD S. KHAWAJA, J.---This case was taken up when the applicant Malik Muhammad. Shafi brought to our notice the fact that on 28-10-2005 Raja Khalid Hussain, Chief Conservator of Forests had written a letter to the Deputy Inspector General of Police, Rawalpindi seeking registration of criminal case for beating up and unlawfully detaining govt. employees and in respect of encroachment on forest land, etc. Since the contents of the letter are important for the present purposes, the same is reproduced below in extenso:- "PHONE NO.9271931 OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, NORTHERN ZONE, RAWALPINDI To The Deputy Inspector General, Police, Rawalpindi No. /RK dated 2005 Subject: ENCROACHMENT ON FOREST LAND BY DESTROYING TREES AND DETAINING FOREST OFFICERS - REGISTRATION OF CRIMINAL CASE. It is stated that on 11-10-2005 the functionaries of Bahria Town started up-rooting of forest crop and encroaching forest land of a part of Rakh Loki Bher Forest situated in Rawalpindi District by employing excavators and dumpers. The forest staff reached the site and stopped its work. The functionaries ofโฆ
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