1992 P Cr (PLP)

‑‑‑‑Delay‑‑‑False involvement‑‑‑Accused due to his involvement in cases of heinous nature was kept chained with fetters while lodged in jail‑‑‑Had accused not been involved in cases in which he had been finally acquitted, he would not have been kept chained in jail despite his conviction by the Special Military Court‑‑‑Acquittal of accused in such cases was no recompense to him as he could not be compensated adequately for the pain, distress and humiliation that he had suffered and undergone for eight years‑‑‑Some recompense, however, might be offered to him by remitting his remaining sentence‑‑ Provincial Home Secretary, was consequently directed to submit the case of accused to Governor of the Province for grant of reprieve or remission of his sentence in exercise of power vesting in him under law. Qamar Zaman Qureshi for Petitioner. N.A. Ghazi, Asstt. A.‑G. for Respondent. . Learned Assistant Advocate‑General states that the petitioner has been acquitted in the remaining three cases as well. The petitioner is now undergoing sentence of life imprisonment awarded to him by the Special Military Court No.40, Lahore on 12‑8‑1985 in case F.I.R. No.78/84 registered with the Police Station Nawankot, Lahore.

2. Since 1982, the petitioner was involved in 26 cases by the Lahore Police. The police of Police Station Mozang involved the petitioner in 19 cases out of these 26 cases. Except for two cases, in all other cases of this police station, the petitioner has been acquitted but the trial of these cases took almost 10 years to conclude. This too was done only because this Court had passed the direction to dispose of these cases expeditiously. The petitioner also, stands sentenced to three years' R.I. and a fine of Rs.10,000 by Special Military Court No.72, Lahore, vide order dated 16‑4‑1985. The convictions by Special Military Courts have been challenged in a writ petition before this Court but I am informed that the record of these cases is not now available. It is pertinent to note that according to Mr. Javed Iqbal, Magistrate, Lahore, in one case (F.I.R. No.294/84 under section 379, P.P.C.), the, complainant appears to be a fictitious person. He is holding an inquiry in this respect and in case he finds that the complainant, in fact, is a Fictitious person, appropriate criminal case will be got registered against the police officers who, registered the cases, investigated the same and submitted the challan.

3. This case is a classic example of law's delays and of highhandedness of police as a citizen was involved in as many as 26 criminal cases which have remained pending for almost 9'to 10 years before various Magistrates. Had these Magistrates followed the provisions of Code of Criminal Procedure in letter and spirit, the delay in disposal of these cases could be avoided. The District Magistrate, Lahore, is directed to examine the files of these cases mentioned in the detail of cases submitted by the Superintendent, Central Jail, Lahore, in order to fix the responsibility of the Magistrates who have failed to discharge their obligation to deal with these cases expeditiously and in accordance with law. The finding recorded in this respect shall be reported to this Court within two months.

4. The most horrifying feature of the case is that due to involvement of the petitioner in these cases of heinous nature, he was kept chained with fetters while lodged in jail. Had he not been involved in cases in which he has been finally acquitted, he would not have been kept chained in jail despite his conviction by the Special Military Court. It is no recompense for him that he finally stands acquitted in these cases. Can anyone, including the State, compensate him adequately for the pain, distress and humiliation that he has suffered and undergone for all these eight years? Some recompense may be offered to the petitioner by remitting his remaining sentence. The Home Secretary, Punjab, may submit the case of the petitioner, to the Honourable Governor of 'Punjab for grant of reprieve or remission of sentence in exercise of power vesting under law in him.

5. With the aforesaid observations and subject to the direction given, this petition stands disposed of as having borne fruit. N.H.Q./M‑253/L Order accordingly.