Not registering a case is a violation of the constitution and a denial of justice, the police are serving the powerful, not the people, the Supreme Court said.
ISLAMABAD: The Supreme Court has given an important verdict against police behavior and said that the police cannot refuse or delay the registration of a case.
Justice Athar Minallah wrote a 30-page verdict against the police behavior, in which the court accepted the appeal of murder accused Sita Ram for acquittal. The court said in the verdict that the prosecution failed to present evidence against the accused.
It should be noted that Sita Ram was accused of killing Chandra Kumar in 2018. The court said in the verdict that despite the timely information of the plaintiff, the case was registered with a delay of 2 days. The SHO admitted that the information was registered in the newspaper, but the FIR was not filed.
According to the Supreme Court, registration of a case is mandatory in a cognizable offence. Delay in registration of cases has been observed in most cases in Sindh. Registration and investigation of cases are executive processes. Registration and investigation of cases are an important and fundamental part of the criminal system.
The Supreme Court said in its decision that it is the legal responsibility of the duty officer to register a case as soon as possible after receiving the information. A police officer cannot refuse or delay the registration of a case. Delay has an impact on the accused and the plaintiff. Delay leads to the loss of evidence and the involvement of innocent people.
The Supreme Court said in its order that the police force and police stations are to serve the public. A report was also submitted by the IG Sindh and the Prosecutor General in the case. The reasons given in which were cultural practices, attempts to reconcile the complainants, religious beliefs not in accordance with the law.
According to the court decision, the police’s failure to register an FIR is a constitutional violation. The police’s delay in registering an FIR is a negation of justice. The trend of delay in registering an FIR in Sindh is worrying. Delay in FIR is an injustice to the weak, poor and backward classes. The police are serving the powerful class, not the people.
The decision further said that the perception of a police state is dangerous, we have to move towards a constitutional state. Every police officer is strictly bound by the constitution. The Supreme Court, in its judgment, directed the IGs of all provinces to ensure implementation of the law and said that the Prosecutor Generals should formulate SOPs and restore public confidence.
