| Citation(s) |
|---|
| 2016 SLG 594 2016 SLD 594 2016 PLD 238 |
Sindh High Court
Constitutional Petition No. S-618 of 2012 and S-65, S-74,S-79, S-134, S-164, S-226, S-284, S-337, S-697, S-814,S-834, S-845, S-932 and S-1079 of 2015, decided on 14thOctober, 2015. Date of hearing: 8th October, 2015.
SALAHUDDIN PANHWAR, J
Asif Ali Abdul Razzak Soomro and Safdar Ali Ghouri for Petitioner (in C.P. No. S-618 of 2012).Naimatullah Bhurgri for Petitioner (in C.Ps. Nos.S-65 and 284 of 2015).Ali Nawaz Ghanghro for Petitioner (in C.P. No. S-74 of 2015).Akeel Ahmed Bhutto for
Constitutional Petition No. S-618 of 2012 and S-65, S-74,S-79, S-134, S-164, S-226, S-284, S-337, S-697, S-814,S-834, S-845, S-932 and S-1079 of 2015, decided on 14thOctober, 2015. Date of hearing: 8th October, 2015.
SALAHUDDIN PANHWAR, J
Asif Ali Abdul Razzak Soomro and Safdar Ali Ghouri for Petitioner (in C.P. No. S-618 of 2012).Naimatullah Bhurgri for Petitioner (in C.Ps. Nos.S-65 and 284 of 2015).Ali Nawaz Ghanghro for Petitioner (in C.P. No. S-74 of 2015).Akeel Ahmed Bhutto for
NASRULLAHVsSTATION HOUSE OFFICER, POLICE STATION JACOBABAD and 6 others
Law: Police Rules, 1934
Section: 23,25
Law: Constitution of Pakistan, 1973
Section: 199
Law: Criminal Procedure Code (V of 1898)
Section: 59,87,88
(a) Words and phrases--- ----"Accused"---Meaning. Black's Law Dictionary (Eighth Edition) rel. (b) Words and phrases--- ----"Abscond"---Meaning. Black's Law Dictionary (Eighth Edition) rel. (c) Police Rules, 1934--- ----R. 23.25--- Proclaimed offender---Information to public---Object, scope and purpose---Not only every police officer was responsible to arrest a proclaimed offender but the rules permit informing public of such proclamation of arrest---Purpose of informing public could be nothing except to have help from public in causing arrest of such persons. (d) Police Rules, 1934--- ----R. 23.25---Criminal Procedure Code (V of 1898), Ss. 59, 87 & 88---Constitution of Pakistan, Art. 199---Constitutional petition---Proclaimed offender, arrest of---Procedure---Grievance of petitioners was that police had not arrested their accused persons despite they had been declared as proclaimed offenders---Petitioners had further grievance that the accused persons who had been declared proclaimed offenders were leading normal lives without any deterrence of arrest---Validity---If accused persons were enjoying normal rights then purpose and object of declaring one as 'absconder/proclaimed offender' never served its objective nor would so if allowed to continue on the hearts of the files only---High Court issued directions to the police authorities in that respect. High Court directed the Inspector General of Police, DIGPs and SSPs to: (i) ensure proper maintenance of relevant register(s), as insisted by Chapter XXIII of Police Rules, 1934, at every police station or at relevant place, as explained by the relevant rules; (ii) ensure proper checking thereof periodically; (iii) ensure progress in this regard and reward to rightful and necessary action against negligent; (iv) ensure attachment of properties of such proclaimed offenders against whom proceedings under section 88, Cr.P.C., stood completed by approaching concerned Mukhtiarkar or head of Revenue authority at district level; (v) ensure creation of well-organized websites containing details of proclaimed offenders and absconders wanted by concerned Courts as well as Police Stations concerned of relevant districts…