Case Details

Citation(s)
2014 SLG 143 2014 SLD 143 2014 SCMR 515
Supreme Court of Pakistan
Human Rights Case No.42389-P of 2013, decision dated: 20-11-2013
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAWWAD S. KHAWAJA AND AMIR HANI MUSLIM, JJ
Nemo for Complainant. Malik Faisal Rafique, Additional A.G., Punjab, Irfan Ullah Khan, SP (Ivs.), Muhammad Ashraf, DSP, Legal and Farmaish Ali, SHO, P.S. Nankana Sahib on Courts Notice

HUMAN RIGHTS CASE NO.42389-P OF 2013: In the matter of

Law: Constitution of Pakistan, 1973

Section: 184(3)

Constitution of Pakistan--- ----Art. 184(3)---Human rights case under Art. 184(3) of the Constitution---Action taken by the Supreme Court on a news clipping regarding rape of a deaf and mute lady---Criminal negligence of police authorities in investigation of the case---Prima facie, it appeared that the concerned District Police Officer, being in supervisory position did not probe diligently into the inquiry conducted by his juniors and exonerated the culprits on the ground that there was contradiction in the statements of the victim and her brother (complainant) as to number of the accused; as according to the victim, rape was committed by three accused whereas her brother (complainant) stated that they were six in number---One of the culprits who was prima facie found to be involved was allowed to go scot free by the police in view of (exoneration) affidavit obtained from the complainant---Complainant had stated in court that he had given such affidavit under influence---Happening of the incident could not be denied in view of the medical report of the victim---On account of criminal negligence of concerned District Police Officer a poor lady who was deaf and dumb was subjected to criminal act and the police knowing well about their negligence tried to cover up their defects---Supreme Court directed that Provincial Inspector General of Police should initiate criminal proceedings against all concerned delinquent police officers/officials including the concerned District Police Officer as early as could be possible and should ensure an independent investigation without being influenced by anyone who was allegedly involved in the case; that for the purpose of initiating disciplinary proceedings against the concerned District Police Officer and other delinquents, the matter should be referred to the concerned authority in accordance with law---Human rights case was disposed of accordingly. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---In the instant case proceedings were initiated on the press clipping published in 'Daily Dunya' dated 4th November, 2013 contents of the same reads as under:-- On having considered the gravity of the incident wherein a deaf and dumb…
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