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Petitioner: MUHAMMAD FAROOQ SULEHRIA VS Respondent: DISTRICT AND SESSIONS JUDGE, ISLAMABADHonorable Justice Sardar Muhammad AslamTanveer Ch.
P L D 2009 Islamabad 32
P L D 2009 Islamabad 32
Before Sardar Muhammad Aslam, C J
MUHAMMAD FAROOQ SULEHRIA---Petitioner
Versus
DISTRICT AND SESSIONS JUDGE, ISLAMABAD---Respondent
Case Diary No.1356 of 2008, decided on 26th May, 2008.
Constitution of Pakistan (1973)---
----Art. 199---Constitutional petition--Failure to supply copy of F.I.R.---Office had raised objection that petitioner had not supplied copy of F.I.R.---Counsel for the petitioner had contended that filing of certified copy of F.I.R. was not the requirement of law and petitions were received without submission of F.I.R. and only the statement of the counsel for the petitioner, at bar was deemed to be sufficient---Validity---Held, due to certain difficulties, it was ordered by the High Court that a photostat copy of F.I.R. would be filed invariably and on finding interpolations in the photostat copy of the F.I.R., in certain cases, serious note was taken by the Bench on administrative side, directing that in future no petition be entertained unless it was accompanied by certified copy of F.I.R.---Order accordingly.
Tanveer Ch. for Petitioner.
ORDER
SARDAR MUHAMMAD ASLAM, C J.---Office has raised Objection that petitioner has not supplied copy of F.I.R. Learned counsel has been heard. He contends with reference to "Mst. Razia Shaheen v. The State PLD 1997 Lah. 659, that filing of certified copy of F.I.R. is not a requirement of law.
2. I have examined the judgment and find that in the case cited supra, the F.I.R. was sealed and was thus not available to the petitioner, who was under apprehension of arrest and seeking pre-arrest bail.
3. I recall that some time back, the petitions were received without, submission of F.I.R. and only the statement of learned counsel for the petitioner, at bar was deemed to be sufficient. Then later on, due to certain difficulties, it was ordered that a photostat copy of F.I.R. shall be filed invariably. Then another situation came when interpolation was made in the photostat copy of the F.I.R., which was taken serious note of by learned bench on administrative side, directed that in future no petition be entertained unless it is accompanied by certified copy of F.I.R.
4. Office objection thus sustained.
H.B.T./M-8/Isl. Objection sustained.