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ISLAMABAD, Jul 11 (APP):The Supreme Court of Pakistan on Friday accepted the acquittal appeal of an accused Sita Ram in murder case declaring that the police cannot refuse or delay the registration of first information report (FIR) of any incident as it could lead to injustice or loss of evidence.
Justice Athar Minallah wrote a 30-page verdict, in which the court accepted the appeal of accused Sita Ram in murder case. The court said in the verdict that the prosecution had 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 not an FIR.
The order said that registration of a case is mandatory in a cognizable offence. Delay in registration of cases has been seen in most cases in Sindh. Registration and investigation of cases are executive processes and it is an important and fundamental part of the criminal system.
The Supreme Court said in its verdict that it is the legal responsibility of the duty officer to register a case as soon as possible after receiving information. A police officer cannot refuse or delay the registration of a case. Delay has an impact on the accused and the plaintiff, and it could lead to the loss of evidence and the involvement of innocent people.
The verdict said that the police force and police stations are for the service of the public. A report was also submitted by the IG Sindh and the Prosecutor General in the case. The reasons given in the order included cultural practices, attempts to reconcile the complainants, and religious beliefs that were not in accordance with the law.
According to the court decision, the police’s failure to register an FIR is a constitutional violation and is a denial 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 need to move towards a constitutional state. Every police officer is strictly bound by the constitution. The Supreme Court, in its decision, directed the IGs of all provinces to ensure implementation of the law and said that the Prosecutor Generals should formulate SOPs and restore public trust.