| Citation(s) |
|---|
| 2015 SLG 965 2015 SLD 965 2015 SCMR 1724 |
Supreme Court of Pakistan
Civil Petition No. 1282 of 2014, decided on 4th September,2015. Date of hearing: 4th September, 2015.
JAWWAD S. KHAWAJA, DOST MUHAMMAD KHAN AND QAZI FAEZ ISA, JJ
Syed Rafaqat Hussain Shah, Advocate-on-Record with Haider Ali Petitioner No. 1.Sohail Mehmood, Dy. Attorney General and Syed Nayab Hassan Gardezi, Advocate Supreme Court/Standing Council for the Federation on Court�s Notice.Tariq Mehmood Butt, Prosecu
Civil Petition No. 1282 of 2014, decided on 4th September,2015. Date of hearing: 4th September, 2015.
JAWWAD S. KHAWAJA, DOST MUHAMMAD KHAN AND QAZI FAEZ ISA, JJ
Syed Rafaqat Hussain Shah, Advocate-on-Record with Haider Ali Petitioner No. 1.Sohail Mehmood, Dy. Attorney General and Syed Nayab Hassan Gardezi, Advocate Supreme Court/Standing Council for the Federation on Court�s Notice.Tariq Mehmood Butt, Prosecu
HAIDER ALI and anotherVSDPO CHAKWAL and others
Law:
Section:
(a) Criminal Procedure Code (V of 1898)-------Ss. 154 & 22-A(6)---Police Order [22 of 2002], Art. 155---Penal Code (XLV of 1860), Ss. 182 & 211---Criminal justice system in Pakistan, deficiencies in---Pre-investigation stage (registration of FIR)---Inefficiency, maladministration and abuse of power by the police with regard to registration of FIR---Directions by Justice of Peace---Implementation--- Police flouting provisions of S. 154, Cr.P.C.---Supreme Court observed that police stations refused to register FIRs even if the information provided by a complainant related to the commission of a cognizable offence---Number of persons suffered and were pushed into litigation because of failure of the police to register the FIR---Directions of Justice of Peace to take action against defaulting Station House Officers (SHOs) were rarely implemented---People who registered false or vexatious complaints/ cases were rarely prosecuted---Inefficiencies, maladministration and abuse of power by the police with regard to registration of FIR highlighted.(b) Criminal Procedure Code (V of 1898)-------Ss. 156 & 157---Criminal justice system in Pakistan, deficiencies in---Investigation stage---Incompetency and lack of training of police for purposes of investigation of a case and arrest of an accused---Initiating investigation of a case was not mandatory unless the officer in charge of a police station, from the information received by him, had reason to suspect the commission of an offence---Supreme Court observed that what practically happened, often, was that on registration of a FIR, the relevant police officer without application of mind directly proceeded to arrest the accused---Police should not move for the arrest of the accused nominated in the FIR unless sufficient evidence was available for the arrest---No real guidelines were available to the police which would channel their discretion and with regard to investigation and arrest of an accused---Lack of training of police and emphasis on the development of specialized investigation officers and facilities, was a major reason for defective investigation---Police, it appeared, was still largely used to secure…