1989 P Cr (PLP)

During my visit to Liaqatpur on the occasion of oath taking ceremony of the Office Bearers of the Local Bar Association, it was brought to my notice that the police posted at Check Post Channi Goth unnecessarily keeps major portion of the Highway blocked by iron barriers and as a result of head on collision with barriers, one Wali Muhammad had lost life but the matter was hushed up by the police. In exercise of the High Court's powers under clause 22 of the Letters Patent (Lahore), I directed S.H.O. Police Station Channi Goth to hold preliminary inquiry into the matter. After conducting preliminary inquiry, Jeewan Shah, A.S.I., confirmed the incident dated 1‑9‑1988 of the death of Wali Muhammad. During the pendency of this case Muhammad Majid son of Wali Muhammad voluntarily appeared in the Court. He blamed Aziz‑ur‑Rehman, A.S.I. and constables posted at Check Post Channi Goth for the death of his father and also for dishonestly removing Rs. 30,000 from the dead body. He further stated in the Court that the police was not prepared to give the dead body to the relatives of the deceased unless they were prepared to give in writing that Wali Muhammad had died accidentally. He stated that the police had not only prepared false proceedings but had also prepared a fake recovery memo of Rs.15 only although Rs. 30,000 were recovered from the person of the deceased. Admittedly Wali Muhammad died on 1‑9‑1988 as a result of collision of his motor‑cycle with the iron barriers placed on Highway by Aziz‑ur‑Rehman A.S.I. and two foot constables posted at Check Post Chowk Channi Goth. By placing iron barriers on the major portion of the road, the police officials posted there fully knew that they were likely by such act to cause the death or injuries to the passengers travelling in the vehicles and damage to the vehicles as well. In any case, it can safely be said that, prima facie, Aziz‑ur‑Rehman, A.S.I. and constable I posted at Check Post have caused the death of Wali Muhammad by negligence `not amounting to culpable homicide' punishable under section 304‑A, P.P.C. They committed theft of Rs. 30,000 punishable under section 379, P.P.C. and had also prepared false record i.e. recovery memo. Muhammad Majid wants to place on record written complaint. He may do so within 3 days. On the receipt of the complaint, the office will immediately send the copy of the order of this Court to S.P. Bahwalpur for the prompt registration of the case under section 304‑A and 379, P.P.C. against Aziz‑ur‑Rehman, A.S.I. and two constables. The S.H.O., Police Station Channi Goth will send the copy of the F.I.R. within three days of the registration of the case. Since the cause of death is very much obvious in proceeding already conducted by the police, so the dead body of Wali Muhammad may not be disinterred after about 8 months of the occurrence.

2. At this occasion, I feel constrained to observe that charge of Check Posts established all along the Highway to prevent robberies and decoities is generally entrusted to an A.S.I. with 2/3 constables at each place. It is frequently seen that half of the Highway remains blocked all the time by iron barriers and where lift barriers are installed, the bamboos are lifted or pulled down just when the vehicle would reach very close to it. This irresponsible conduct of the police officials has resulted in the occurrence of many accidents involving loss of life and property. At Channi Goth Check Post, Wali Muhammad was one of the victims. He died on the spot as a result of head on collision with the barriers and his motor‑cycle was also smashed.

3. In the course of hearing of the case it has been brought to the notice of this Court that a number of motor vehicles and motors have badly been damaged as a result of collision with the barriers placed by the police. It has also been complained that the officials of the Check Post would instead of making visual check deeply peep into the motor vehicles/cars and more so anxiously when the passengers therein are ladies. It involves very violent reaction. Instead of being polite, the police officials generally adopt aggressive attitude with the passengers and injure their sense of self-respect. In short for detecting one dacoity, they embarras/harass/humiliate one thousand respectable citizens. This state of affairs is a sad commentary on the conduct of the police officials posted at Police Check Post. This conduct is certainly against the provisions of Rule 14.4 of Police Rules, 1934, which read as under: ‑ Conduct in public. (1) Every Police Officer shall keep his temper thoroughly under control, shall act with courtesy on all occasions and shall not allow his composure to be disturbed by the behaviour of others towards him. (2) A Police Officer defending himself, or lawfully enforcing his authority, shall act with calmness and shall use as little violence as possible. (3) Police Officers usually act individually in the execution of their duty. They should remember, therefore, that on the behaviour of each individual depends the reputation of the force and the degree to which the law-abiding section of the public will be willing to co‑operate against law‑breakers. Furthermore in the absence of any provision of law authorizing the police to make general search or to adopt aggressive attitude, the process of all time making such search/inspection of motor vehicles/cars and embarrassing, harassing and humiliating the passengers therein is violative of the Fundamental Rights of the citizens guaranteed by the Constitution. The Inspector‑General of Police, Punjab, shall therefore, direct his personal attention to this state of affairs at the check posts and take measures: ‑ (a) to ensure the compliance of Rule 14.4 of Police Rules, 1934 by the Police Officers. (b) to protect self respect of the law abiding citizens; (c) to make provision of reflectors at the barriers compulsory; (d) to abstain from indiscriminate checking of cars/passengers unless law and order situation justifies it. Copy of this judgment shall be sent to I. G. Police, Punjab, Lahore for compliance and report within two weeks. S.A./L‑60/L Order accordingly.