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Petitioner: ABDUL LATIF VS Respondent: INSPECTORGENERAL, POLICE and others
Court Name: Lahore High Court Judge(s): Chaudhry Ijaz Ahmed Title: ABDUL LATIF vs INSPECTORGENERAL, POLICE and others Case No.: Writ Petition No,1884 of 1998 Date of Judgment:1998-03-12 Reported As: 1999 P Cr. L J 1357 Result: Order accordingly
JUDGMENT
JUDGMENT ' The aforesaid writ petition was disposed of by short order, dated 12-3-1998 in the following terms:- - (i) The learned counsel for the petitioner is satisfied on the offer of S.S.P., Multan that he shall send a team in N.-W.F.P. To recover the vehicle and Investigating Officer will try to his level best to arrest all the co-accused including Muhammad Anwar Bara of F-Block, Vasari. (ii) In view of the offer of S.S.P., Multan this writ petition is disposed by this short order and the detailed judgment will be given separately. ' Following are the detailed reasons for the short order, dated 12-3-1998 recorded in Writ Petition No,1884 of 1998. ' The brief facts out of which the present writ petition has arisen are that the petitioner's daughter- in-law, namely Mrs. Sumera Khalid in November, 1996 purchased a new Suzuki Khyber Car Model, 1996 bearing Registration No,MNU-284. Chassis No,443020 and Engine No,A-130691. This car was stolen during the night of 18th and 19th June, 1997 from the petitioner's house (84-S, Gulistan Chowk, New Multan). The matteu was brought to the notice of Police and F.I.R. No,266 of 1997 was registered at Police Station New Multan under section 457/381-A, P.P.C. On 15-7-1997 Mazhar Hussain alias Mazhari was arrested, by the Police of Police Station Lohari Gate. Mazhar Hussain during investigation, confessed before Muhammad Yousaf, Inspector/S.H.O. That he had stolen 14 vehicles including the aforesaid vehicle which was parked in the house of the petitioner. He identified the place of occurrence and stated the mode of committing theft with his co-accused Muhammad Anwar. The aforesaid Mazhari also admitted that vehicle in question was sold for Rs,25,000 to one Farooq Ahmad at Dera Ismail Khan. The petitioner informed the New Multan Police
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Station and requested for prompt recovery of his vehicle. Due to inaction of the police, petitioner was constrained to contact directly aforesaid Farooq Ahmad, who demanded Rs,35,000 for return of the stolen vehicle to him, the petitioner agreed to fulfill his demand but he refused to return the vehicle to him. The petitioner tried his level best to persuade police functionary for the arrest of the aforesaid accused and recovery of vehicle from Farooq Ahmad, but of no avail. Facing this situation, the petitioner submitted applications to the Chief Minister, Punjab, the Inspector-General Police, Punjab and the Deputy Inspector-General Police, Multan Range, Multan seeking legal action against the car-lifters/criminal gang and for the recovery of the said vehicle but his grievance remained unrepressed. The petitioner submitted an application to the Senior Superintendent of Police, Multan, through registered post for the redress of his grievance but the office of the Senior Superintendent of Police refused to receive the application of the petitioner. The petitioner having received no reply of the aforesaid applications preferred another application to the Senior Superintendent of Police Multan on 15-11-1997 through registered post. The petitioner being constrained by the aforesaid circumstances and inaction of the respondents, filed the present writ petition with the following prayer:-- "It is, therefore, prayed that the respondents Nos.2 to 4 may kindly be directed (i) to get the case F.I.R. No,266 of 1997, dated 19-6-1997, Police Station New Multan investigated under their own supervision from some Senior Police Officer not below the rank of S.P. Who should execute-- (a) the arrest of the accused persons/culprits guilty of committing theft of/ receiving Car No,MNU- 284, Chasis No,443020, engine No,A-130691 owned by Mrs. Sumera Khalid daughter-in-law of petitioner. (b) the recovery of the said vehicle without further loss of time. It is further prayed that a direction for the registration of case under sections 221, 225-A, 217, 218, 219 and 414, P.P.C. Against respondent No,4 and other delinquent Police Officers/officials and investigation of such case through some independent superior/senior officers may be issued to the respondents Nos.2 to 4. The officers/officials guilty of willful violation, breach and neglect of duties, rules, regulation and law may be ordered to be proceeded against under section 29 of the Police Act. ' Any other relief interim, temporary or ultimate which may be flown from the circumstances of the case may also be granted to the petitioner. The writ petition may be accepted with costs." 2. The learned counsel for the petitioner contended that it is the duty and obligation of the public functionary to redress the grievance of the petitioner in accordance with law but the respondents failed to exercise their statutory duties and did not take action on the applications of the petitioner in accordance with law. He relied upon Muhammad Yousaf v. I.-G. Police PLD 1997 Lah. 135. ' The learned Additional Advocate-General contended that it is the duty and obligation of public functionary to act strictly in accordance with law. 3. I have given my anxious consideration to the contentions of the learned counsel for the parties and perused the record myself. Before proceedings further it is better and appropriate to reproduce relevant articles of the Constitution, provisions of the Criminal Procedure Code, and the Police Act, 1861 and the Rules as follows:-- Constitution of Islamic Republic of Pakistan. 1973 Preamble: Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust: faithful to the declaration made by the Founder of Pakistan, Quaid-eAzam Muhammad Ali Jinnah, that Pakistan would be a Democratic State based on Islamic Principles of Social Justice. Article 2-A Objectives Resolution to form part of substantive provisions. The principles and provisions set out in the objective Resolution reproduced in the Annex are hereby made
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substantive part of the Constitution and shall have effect accordingly. Article 4 Right of individuals to be dealt with in accordance with law etc.---(1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan. (2) In particular-- (a) no action detrimental to the life, liberty, body reputation or property of any person shall be taken except in accordance with law; (b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and (c) no person shall be compelled to do that which the law does not require him to do. Article 5 Loyalty to State and obedience to Constitution and law.--- (1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the inviolable obligation of every citizen wherever he may be and of every other person for the time being within Pakistan. Article 14 Inviolability of dignity of man etc. (1) The dignity of man and, subject to law, the privacy of home, shall be inviolable. Article 23 Provision as to Property. Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest. Article 25 Equality of citizens (1) All citizens are equal before law and are entitled to equal protection of law. (2) There shall be no discrimination the bails of sex alone. (3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children. The Criminal Procedure Code Section 4(1)(h) "Complaint". ' complaint' means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code that some person whether known or unknown, has committed an offence, but it does not include the report of a Police Officer. Section 154 Information in cognizable cases. Every information relating to the commission of a cognizable offence if given orally to an officer in charge of police station, shall be reduced to writing by him or under his direction and be read over to the information; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the (Provincial Government) may prescribe in this behalf. Section 156. Investigation into cognizable cases.-- Any Officer-in-charge of a police station may without the order of a Magistrate, investigate any cognizable case which Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial. The administration of the police throughout the local jurisdiction of the Magistrate of the district shall under the general control and direction of such Magistrate, be vested In a District Superintendents as the Provincial Government shall consider necessary. Section 7 Appointment. Dismissal etc. Of inferior officers. Subject to such rules as the Provincial Government may from time to time make under this Act the Inspector-General, General Assistant Inspector-General and District Superintendents of Police may at any time dismiss, compulsorily retire, suspend or reduce either in rank or within a time scale any Police Officer of the subordinate ranks whom they shall think or miss or negligent in the discharge of his duty, or unfit for the same; or may award any one or more of the following punishments to any Police Officer of the
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subordinate ranks who shall discharge his duty in a careless or negligent manner or who by any act of his own shall render himself unfit for the discharge thereof namely-- (a) fine to any amount not exceeding one month's pay; (b) confinement to quarters for a term not exceeding fifteen days, with or without punishment drill, extra guard, fatigne or other duty; (c) deprivation of good conduct pay; (d) Removal from any office of distinction or special emolument; (e) stoppage of increments. Section 23 Duties of Police Officers. It shall be the duty of every Police Officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground. Exists; and it shall be lawful for every Police Officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking shop, gaming house or other place of resort of loose and disorderly characters. Section 29 Penalties for neglect of duty. Etc.--- Every Police Officer who shall be guilty of any violation of duty of willful breach or neglect of any rule or regulation or lawful order made by competent authority or who shall withdraw from the duties of his office without permission, or without having given previous notice for a period of two months, or who, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration of such leave or who shall engage without authority in any employment other than his police duty or who shall be guilty of cowardice, or who shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months, pay, or to imprisonment with or without hard labor, for a period not exceeding three months or to both. Section 35 Jurisdiction. Any charge against Police Officer above the rank of a constable under this Act shall be enquired into and determined only by an officer exercising the powers of a Magistrate. 4. It will also be advantageous to examine some treatise and case-law for better comprehension of the functions and duties of Police. (i) In United Kingdom, as per para. 962 of Hals bury Laws of England, Volume II, duties of Police are as follows:-- "Paramount duties and obligations of Police Constable are to take all steps which appears to him necessary for keeping the peace, preventing crime and protecting property for criminal injury. Admittedly there is no exhaustive definition of the powers and obligations of the police, but there are at least those, and that would further include the duty to detect crime and to bring an offender to justice. (ii) Krishnamurthy's discussed the duties of Police in his book "Police Investigation and Prosecution" in the following words:-- It is the obligation and duty of the police to prevent the commission, to maintain peace and law and order, to find out when a report about a crime is made, whether a crime has been committed, if so, who committed it and to collect such evidence as would be sufficient to bring home the guilt of the accused in a Court of law, to decide whether a charge should be laid in a Court of law and to present the available evidence in a Court of law. Therefore, on the Courts then falls the duty to decide whether the police have presented before them evidence sufficient to prove beyond reasonable doubt that the accused has committed the crime and to award suitable punishment to them, the prison houses come in this step to take custody of the convicted persons and execute the sentence passed by the Courts of law.
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(iii) Similarly purpose of investigation has been discussed by the Indian Supreme Court in AIR 1964 SC 211 in the following terms:- "The purpose of investigation is to find out whether a crime has been committed, if so, who committed the crime and to collect evidence which would be sufficient to bring home the guilt to the guilty. Main object of investigation being to bring home the offence to the offender, the essential part of the duty of an Investigating Officer in this connection is apart from arresting the offender, to collect all material necessary for establishing the accusation against the offender. The purpose of investigation consist generally of the following steps-- (i) Proceedings to the spot; (ii) Ascertainment of the facts and circumstances of the case; (iii) Discovery and arrest of the suspected offender; (iv) Collection of evidence relating to the commission of offence which may consist of (a) The examination of the various persons (including the accused) and the reduction. Of their statements into writing, if the officer thinks fit; (v) Formation of opinion as to whether on material collected there is a case to place accused before a Magistrate for trial and if so, taking necessary steps for same by filing of a charge-sheet under 5.173, Cr.P.C. (AIR 1955 SC 196). (iv) In "Words and Phrases". Permanent Edition, Volume 32-A. Powers and duties of the police have been defined as follows:-- "Police is a general system of precaution either for the prevention of calamities. ' Word ' Police' has three signification. Measures which are adopted to keep order: Laws and Ordinances on cleanliness, health, markets, etc. Etc. Detection of smallest attempts to commit crime and laws; Ordinances and other measures which require citizens to exercise their rights in a particular form. ' Police' means policy, civil organization, the regulation, discipline, and control of a community; civil administration; enforcement or law; public order the Department of Government which is concerned with maintenance of public order and safety, and the enforcement of the law; the extent of its functions varying greatly in different countries and at different periods, Morris v. Mayor and City Council of Baltimore. ' The police of a state, in a comprehensive sense, embraces its system of internal regulation, by which it is sought not only to preserve the public order, and to prevent offences against the State, but also to establish for the intercourse of citizen with citizen those rules of good manners and good neighborhoods which are calculated to prevent a conflict of rights and to insure to each the uninterrupted enjoyment of his own, so far as is reasonably consistent with a like enjoyment of rights by others. ' A policeman is a member of the 'Police', which is an organized civil force for maintaining order, preventing and defecting crime and enforcing laws, the body of men by which municipal laws and regulations of city, town, or district are enforced, A 'policeman' is a member of the 'police', which is an organized civil force for maintaining order, preventing and detecting crime and enforcing the laws; the body of men by which the municipal laws and regulations of a city, town, district are enforced, and term is also defined as a species of superintendence by Magistrates which has principally for its object the maintenance of public tranquility among the citizens. The word 'police' has three signification; The first relates to the measures which are adopted to keep order, the laws and Ordinances on cleanliness, health, the markets, etc. The second has for its object to procure to the authorities the means of detecting even the smallest attempt to commit crime, in order that the quality may be arrested before their plans or carried into execution and delivered over to, the justice of the country.. The third comprehends the laws, Ordinances and other measures which require the citizens to exercise their rights in a particular form. The term 'police' has also been divided into 'administrative police', which has for its object to maintain constantly public order in
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every part of the general administration and 'judiciary police' which is intended principally to prevent crimes by punishing the criminals. Its object is to punish crimes which the administrative police has not been able to prevent. ' The word 'police' is said to denote superintendence by Magistrates, which has principally for its object the maintenance of public tranquility among the citizens. The first significance of the word relates to measures which are adopted to keep order, the laws and Ordinances and cleanliness, health, the markets, etc. The second has for its object to procure to the authorities the means of detecting even the smallest attempts to commit crime, in order that the quality may be arrested before their plans or carried into execution and delivered over to, the justice of the country. The third comprehends the laws, Ordinance and measures which require the citizens to exercise their rights in a particular form. ' 'police' has been defined as that species of superintendence by Magistrates, which has principally for its object the maintenance of public tranquility among the citizens. (v) In American Jurisdiction 2nd Edition, Volume 16-A, monogram 364, the importance of power of the police has been discussed that the police power, which it has been said is not a rule but an evolution is perhaps the most important of Governmental powers as the very existence of Government as well as the security of the social order, life and health of the citizen, the enjoyment of private and social life and the beneficial use of the property are dependent upon this power. ' Monogram 369 discussed the importance of the maxim, the welfare of the people is the highest law and monogram 416 highlights that the concept of general or public welfare is broad and inclusive, the values it represent are spiritual as wall as physical. The public welfare embraces a variety of interests calling for public care and control including protection of the safety of persons being one of the principal uses of the police powers of the State, measures designed to protect and future the safety of the individual are proper exercise Of the power. The police power is the power self-protection to secure the peace, good order, dignity protection. In monogram No,443 observed as follows:-- "Constitutional rights and guaranties extend to rich and poor alike, to aliens as well as citizens, to children as via as adults, to public officers and employees as well as to private persons and to those with notorious reputations as well as to those who are models of upright citizenship." (vi) Asbury's Laws of England, Fourth Edition, Volume 36 monogram 230, defines the Principal Functions of Police Authorities as follows:-- "It is the duty of a police authority to secure the maintenance of an adequate and efficient police force for its area." (vii) V. Miter in his Book "Police Diaries, Statements Reports, Investigations" discussed the police responsibility in the following terms:- "There is a clear cut and well demarcated sphere of activity in the field of crime detection and crime punishment. Investigation of an offence is the field exclusively reserved for the executive through the police department, the superintendence over which vests in the State Government. The executive who is charged with a duty to keep vigilance over law and order situation is obliged to prevent crime and if an offence is alleged to have been committed it is the duty to collect evidence for the purpose of proving the offence." (viii) In the same book, the author on the basis of the decision of Court, has observed as follows:-- "A Police Officer in his official capacity is expected to maintain a high standard of integrity and to uphold the maintenance of law." Shiva Raj Singh v. Delhi Administration 1968 Cr.LJ 1 at p.3. (ix) Franklin E. Siring in his book namely "The Criminal Justice System, Materials on the Administration and Reform of the Criminal ' Law observed as follows:-- "In Society's day to day efforts to protect its citizens from the suffering fear, and property loss produced by crime and the threat of crime, the policeman occupies the front line. It is he who
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directly confronts criminal situations and it is to him that the public looks for personal safety. The freedom of Americans to walk their streets and be secure in their homes in fact, to do what they want when they want depends to a great extent on their policemen." (x) Corpus Juris Secondo Volume 174 defines the police duty in the following terms:-- "Police power is the exercise of the sovereign right of a Government to promote order, safety, health, morals and the general welfare of society, within Constitutional limits." (xi) In Corpus Juris Secondo Volume II defines the word "police" means to watch, keep guard or maintain order and law. (xii) In Chapter 8 Justice and the Law Official Handbook Britain 1995 has discussed the historical increasing of crimes and remedial laws and observed the duties of the police in the following terms:-- "Police forces are maintained and England and Wales by the local police authority; two-councilors and one-third are Magistrates. The Home Secretary is responsible for London's Metropolitan Police Force." 5. Now I intend to examine the case-law. (i) Mr. Justice Sheikh Ijaz Nisar also took note of inaction of the police functionary in Muhammad Yousuf's case PLD 1997 Lah. 135 and the relevant observation is as follows:-- "So far as the grievance of the petitioner about the lack of interest on the part of administration is concerned, I may state that under the law it is the collective responsibility of the police and the District Magistrate to have effective control over the Local Police so that they perform their duties within the four corners of law. Under the police rules, the District Magistrate can even direct the Superintendent of Police to take suitable measures for the protection and detection of crime." In the same judgment the relevant observation regarding sections 29 and 23 of the Police Act is as follows:-- "Police Officer who neglects or refuses to register a case, exposes himself to an action under section 29 of the Police Act. The police officer should be mindful of the penalties provided by law for the neglect of duty by them. Section 29 of the Police Act says that a police officer who is guilty of any violation of any duty of willful breach or neglect of any rule or regulation or law, order made by competent authority or offers any unwarrantable violence to any person in his custody, shall be liable to 3 months imprisonment, besides being proceeded against departmentally. Refusal to record first information report was held to be violation of mandatory provision of Chapter XVI of the Cr.P.C. And of section 23 of Mice Act, 1861 on the part of police officer by a Full Bench of Lahore High Court in Ghulam Abbas v. The State (PLD 1968 Lahore 101)." (ii) Mr.…
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