KARACHI: Police told to stop practice of sealing FIRs
By Shujaat Ali Khan
KARACHI, Jan 18: The Sindh High Court declared on Wednesday that the sealing of first information reports was illegal and directed the provincial police officer to ensure that the practice was stopped.
The declaration and the direction came in a judgment in four appeals moved under the Anti-Terrorism Act in a kidnapping-for-ransom case, which were allowed by an SHC appellate bench. The sentences awarded to the appellants were set aside.
The question of sealing of FIR was raised by the appellants’ counsel, Advocates A Q Halepota, Mohammad Ashraff Kazi and Mahmood A Qureshi. They contended that the accused appellants were implicated in a false and fabricated case wherein a sealed FIR was de-sealed and investigations were completed within a few days.
Dr Khalid Moin, Saleem Khan Tanoli, Saleemuddin, Salim Memon and Muhammad Altaf Hussain were charged, tried and convicted for kidnapping Rafique from the jurisdiction of the Jamshed Quarters police station on Jan 17, 2000.
The victim was released the very next day following a promise to pay Rs1.5 million as ransom. Rafique later told his friend, Abdul Razzak, that four people kidnapped him and his brother, Ilyas, who was released soon after abduction.
The police lodged an FIR on a complaint by Abdul Razzak and as no clue was available to the alleged kidnappers, sealed the FIR. Investigations were started after de-sealing of the FIR on Feb 22, 2000. The accused were arrested on Feb 27, 2000, and arraigned before an anti-terrorism court. The court awarded life terms to four accused and acquitted the fifth accused, Salim Memon.
The convicted accused preferred appeals against their conviction and sentences while the prosecution challenged acquittal of Saleem Memon.
The appellants’ counsel argued that the prosecution rested on the evidence of two witnesses, which was contradictory and full of exaggeration. The statements under Section 161 of these witnesses were recorded two months and a half after the occurrence without furnishing any explanation. The FIR was sealed and de-sealed for no plausible reason. The identification parade was doubtful and in any case, it was just a corroborative piece of evidence.
The appellate bench, which consisted of Justices Mohammad Afzal Soomro and Rehmat Hussain Jafri, observed in its judgment: “We have given due consideration to the arguments and noticed that the tendency of sealing FIRs by the police is increasing. A perusal of the Criminal Procedure Code reveals that there is no provision for sealing of an FIR. On the contrary, if information is received by an officer in charge of a police station in respect of an offence and if the said officer forms an opinion that a cognizable offence has been committed, he is bound by law to register an FIR under Section 154, CrPC.
“Section 156 of the code empowers police to investigate the case without obtaining an order from the magistrate. The law has gone to the extent that an investigation conducted by a police officer not empowered to conduct it, the investigation could not be called into question on this ground. The intention of the law is that as soon as a cognizable offence is committed, an FIR is to be registered and investigated immediately and completed in 24 hours. If any delay is caused, the police officer is required to explain it.
“The wisdom behind immediate police action is that every offence is brought to the notice of the area magistrate to enable him to take further action if he so desires and that the evidence is not destroyed and is immediately procured. Sealing of an FIR will not only deprive the magistrate from knowing the facts constituting an offence and debar him from holding a preliminary inquiry, but will also raise an apprehension that it has been kept blank for filling in after consultation to prepare a case or story involving accused people. It will also affect the transparency and authenticity of prosecution case.
“We, therefore, direct the provincial police officer to issue directions to all police officers not to seal FIRs. Apart from departmental action, the offending police officers are liable to prosecution under Section 166 of the Pakistan Penal Code and Sections 156 (3), 157 and 159 of the Criminal Procedure Code.”
Production ordered: The jail authorities were ordered to produce a man put in jail in a fraud case before a bench on Thursday, APP adds.
The bench, comprising chief justice Sabihuddin Ahmed and Justice Ali Sain Dino Metlo, was hearing a constitutional petition filed by Ms Nazli Zahid who alleged that her husband was kept in illegal custody by the jail authorities despite the fact that he had been admitted to bail by a bench of the Sindh High Court on Jan 16.
The bench perusing the petition ordered the jail authorities to produce the detainee before the bench on Thursday afternoon.
Another bench of the SHC, comprising Justice Ghulam Rabbani and Justice Zia Pervez, disposed of a constitutional petition filed by Ms Maimoona Kausar of Khairpur Nathan Shah who sought protection as she was declared Kari by her father-in-law.
