| Citation(s) |
|---|
| 2019 SLG 325 2019 SLD 325 2019 PLJ 47 |
Sindh High Court
C.P. No. S-895 of 2018, decision & hearing Dated: 10.05.2018.
SALAHUDDIN PANHWAR, JUSTICE
Petitioner(s) by: Mr. Noor Muhammad, Advocate
C.P. No. S-895 of 2018, decision & hearing Dated: 10.05.2018.
SALAHUDDIN PANHWAR, JUSTICE
Petitioner(s) by: Mr. Noor Muhammad, Advocate
AKBER
VS
PROVINCE OF SINDH THROUGH CHIEF SECRETARY, KARACHI AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Law: Criminal Procedure Code (V of 1898)
Section: 44
Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Illegal arrest--Harassment without any justification--Mental agony--Illegality--Lawful Authority--Direction to--Police officers are directed that in such type of cases a notice in writing shall be provided to concerned person (citizen), notice shall include details of inquiry /investigation .and on due appearance acknowledgment receipt shall be given to that citizen, such record shall be kept by every police station separately--Therefore, it is hoped rather expected that ultimate supervisory authority of every District i.e 'Senior Superintendent of Police' to: (i) know people of his district and to know what his subordinates are doing; (ii) by conducting meeting and attending grievances of public in this regard; (iii) by taking legal action against any guilty official; (iv) by educating officials to follow procedure; No harassment on pretext of inquiry or information shall be caused, which may' cause mental agony to citizen however if an assistance is found necessary then proper procedure shall be followed--IGP Sindh shall ensure that from now on every single police official shall follow procedure and a lawful authority be not allowed to be turned into harassment or an illegality. Principle of Administrative of Justice-- ----An authority would only become lawful if directed procedure is followed because failure to follow procedure may turn a legal act into an illegality. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 44--Public Informan--Offences--Unearthing crimes--Right and obligations--A failure in establishing faith and confidence in public would not only result in keeping police officials wondering in search of assistance but would also leave a door opened for criminals to take role of helper thereby threatening concept of society even. Harassment-- ----Harassment means a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of his safety--Police officials, being bound by law, are never supposed to adopt such a course rather their every action is expected to be well within strictly drawn four corners of law. Legal Obligations-- ----It clear that…
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