‘Illegal’ practice of sealing FIRs becomes rampant in capital
ISLAMABAD: An unlawful and illegal practice of sealing FIRs is emerging in the capital police, as the local law enforcers have sealed 29 FIRs since May.
Police officials told Dawn that from May 8 to October 18, the capital police sealed 29 FIRs registered with different police stations of the capital city. Out of the total, eight were registered at the Kohsar police station, six with Karachi Company police station, five each at Ramna and Secretariat police stations, and one each at Golra, Industrial Area, Koral, Shalimar and Sabzi Mandi police stations.
As of now, the police have de-sealed six FIRs, four registered at Kohsar and one each at Secretariat and Industrial Area.
The officials said there were no sections/clauses in any law, including Police Rules, Police Act, Criminal Procedure Code, Pakistan Penal Code, and Police Order, which empower the police to seal FIRs. However, the police were indulged in this practice on executive orders verbally issued by supervisory officers, they added.
Since May, police ‘sealed’ 29 FIRs, only six de-sealed
These orders are not in a written form as the supervisory officers usually issue verbal orders to avoid repercussions, they said. However, the authorities have not taken action over the sealing of FIRs, except for lower courts.
Judicial Magistrate Rana Mujahid Rahim in an order issued over an application of Mustafa Nawaz Khokhar, a former PPP senator, said the police have no authority to seal an FIR. The sealing of FIR is always ill-motivated just to secure the arrest of the accused persons at will without providing them any opportunity to exercise their right under Section 498 of the Criminal Procedure Code.
In June, the capital police chief sought an opinion from the prosecution departments of Islamabad and Punjab police over the practice of sealing FIRs in a meeting. The participants of the meeting informed him that there was no law in this regard.
One of the FIRs de-sealed by the police included the case registered against the Jamaat-i-Islami and the PTI supporters for their attempt to breach the Red Zone during the ‘Gaza March’. The police had implicated them in criminal intimidation and rioting.
Another FIR, which was later de-sealed was registered at the Industrial Area police station under Section 392 (robbery) of PPC, after an American family was robbed on May 25. Four other de-sealed FIRs include those registered on August 31 and October 5 and 6.
One FIR was registered under Sections 353, 186, 188, and 427 against former senator Mushtaq Ahmed and his wife for staging a protest on August 31.
Two of the de-sealed FIRs were registered on October 5 at Kohsar Police Station. One FIR was registered under the anti-terrorism act and attempted murder whereas the other included similar charges besides the newly promulgated Peaceful Assembly and Public Order Act 2024.
One more de-sealed FIR was registered at Kohsar police station under Section 7 of the Anti-Terrorism Act as well as other sections of the PPC. These three FIRs were registered against the PTI leadership Khan over their protest.
Two of the still sealed FIRs were registered at the Karachi Company police station on May 22. One FIR was registered under Section 290 (Punishment for public nuisance in cases not otherwise provided for), 341 (punishment for wrongful restraint), 188 (disobedience to order duly promulgated by public servant), and 160 (punishment for committing affray) of the PPC, whereas another FIR was registered under Section 216 (harbouring offender who has escaped from custody or whose apprehension has been ordered) of the PPC. Both were reportedly sealed on the directives of then-City Zone SP.
Another FIR, still sealed, was registered at Ramna police station on July 22 under the terrorism law and arms ordinance. One more FIR that was still under wraps was registered at the Karachi Company police station on Sept 23 against a police official for abduction and rape of a minor.
IGP Islamabad Syed Ali Nasir Rizvi was approached for comment over the issue on Monday and Tuesday via message and call, but no reply was received from him till the filling of this report. A police spokesperson was also not available despite repeated attempts to contact him.
Published in Dawn, October 23rd, 2024