Judge Penalizes Unjustified Measures of Police Officials
3rd August 2021.
In Karachi, a local court restricted the police to report FIRs against the citizens who didn’t abide by the SOPs. This incident is reported to have taken place on Monday, in Korangi, Karachi. Javed Ali Korejo, the justice observed the case after hearing about the arrest of nearly 8 individuals that violated the SOPs that were constituted by the provincial government to prevent widespread of the disease.
The judge, who was on a distinctive duty, dispensed this directive on Sunday. The judge witnessed that the investigation officer had enlisted the suspects for contravening the SOPs during Covid-19, which is a violation of Section 144 of the Criminal Practice Code, as such the suspects were booked under Section 188 of the Pakistan Penal Code.
The judge also picked up the ongoing debate from the counsel of the suspects, the state prosecutor, and the investigating officer and inspected material that was mentioned by him. He noted that the police officials might have deliberately disobeyed the law against section 144. It may be elucidated that even the notification allotted by the government does not direct for registration of FIR rather for filing written complaints.
The SHOs own deliberation has overlooked the commands of the government and courts too. The judge commanded that police should strictly abide by the laws about the matter rather than initiate their procedures.
He warned the SHO of Gulistan-i-Johar Police Station against the matter as well and gave him stern instructions to not go in contrary to the legislated law. It was established that from the following day, no FIR was to be registered under Section 188 of PPC at any police station of districts East and Korangi on account of violation of SOPs of Covid-19; however, filing a written complaint against a violator was permissible.
The court concluded that SHO responsible for non-compliance should pay the penalty under the nomenclature of “willful disobedience”. The ruling termed the FIRs of policemen as unjustified and therefore accused people were discharged under Section 63 of the CrPC subject to furnishing PR bond of Rs50, 000 each. The court also urged the investigation officer to succumb a concluding report in the case within the postulated time.
Please contact the Legal Research Institute of Pakistan for further assistance