P L D 2024 Supreme Court 73 (PLP)
JAVID KHAN — Petitioner Versus ARSHID KHAN and another — Respondents
| Citation | P L D 2024 Supreme Court 73 (PLP) |
| Forum / Court | High Court |
| Bench Members | Qazi Faez Isa, C.J., Amin-ud-Din Khan and Athar Minallah, JJ |
| Parties | JAVID KHAN — Petitioner Versus ARSHID KHAN and another — Respondents |
| Primary Law | (c) Criminal Procedure Code (V of 1898), (a) Practice and procedure, (b) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 2024 Supreme Court 73 (PLP)?
This judgment primarily cites: (c) Criminal Procedure Code (V of 1898), (a) Practice and procedure, (b) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2024 Supreme Court 73 (PLP)?
The case was heard and decided by the High Court bench comprising: Qazi Faez Isa, C.J., Amin-ud-Din Khan and Athar Minallah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2024 Supreme Court 73 (PLP) (JAVID KHAN — Petitioner Versus ARSHID KHAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Law Officer (Additional Advocate General) using the term 'sahib' to refer to a police official in Court---Supreme Court deprecated such practice and observed that it is about time that the practice of adding the word sahib with one's job title is discontinued, as it unnecessarily elevates the status of public servants, which may instil in them delusions of grandeur and a perception of unaccountability, which is unacceptable since it is against the interests of the public whom they are meant to serve.
- Shabbir Hussain Gigyani, Advocate Supreme Court (through video link from Peshawar) for Petitioner.
- QAZI FAEZ ISA, C.J. Notice was issued on 25 October 2023 to the respondents. The complainant, father of the deceased, and learned Additional Advocate General, Khyber Pakhtunkhwa ('AAG') together with Islam Shah, Investigation Officer and Sikandar Shah, DSP Investigation, are in attendance. The learned AAG referred to the Deputy Superintendent of Police as 'DSP sahib'. It is about time that the practice of adding the word sahib with one's job title is discontinued, as it unnecessarily elevates the status of public servants, which may instil in them delusions of grandeur and a perception of unaccountability, which is unacceptable since it is against the interests of the public whom they are meant to serve.
- 6. Copy of this order be sent to the Inspector General of Police, to the Secretary Home Department and to the Advocate-General, Kyber Pakhtunkhwa.
Headnotes / Summary
Law Officer (Additional Advocate General) using the term 'sahib' to refer to a police official in Court
Supreme Court deprecated such practice and observed that it is about time that the practice of adding the word sahib with one's job title is discontinued, as it unnecessarily elevates the status of public servants, which may instil in them delusions of grandeur and a perception of unaccountability, which is unacceptable since it is against the interests of the public whom they are meant to serve.
S. 497(2)
Penal Code (XLV of 1860), Ss. 302(b) & 364-A
Constitution of Pakistan, Art. 185(3)
Qatl-i-amd, kidnapping or abducting a minor
Investigation carried out incompetently
Counsel for the petitioner (accused) stated that it was reported to the police on 5 August 2022 that deceased minor aged about 9/10 years was missing, and on 8 August 2022 after the recovery of his body the FIR was registered wherein the petitioner was nominated, however, he was not mentioned when it was first reported to the police that minor was missing; that statements under section 161 of the Code of Criminal Procedure, 1898 ('the Code') of two relatives of the deceased were recorded which stated that they had last seen the minor with the petitioner, but this did not stand to reason because they would have not permitted a young boy to be taken with an adult and not have informed the boy's father
Investigation of the case showed that the police report (challan) had only relied upon the two statements of relatives of the deceased
It was most unfortunate that a young boy died but proper investigation did not take place to ascertain what had happened let alone who was responsible
Present case was a classic example of an incompetently handled investigation
Case of further enquiry was made out - Petition for leave to appeal was converted into appeal and allowed, and petitioner was admitted to bail.
S. 497
Constitution of Pakistan, Art. 185(3)
Petition for leave to appeal before the Supreme Court seeking bail
Developing practice whereby despite prior notice to the State preparation of the case is done before the (Supreme) Court
Supreme Court deprecated such practice and observed that it rendered the Supreme Court into an office of the prosecution; that rather than attending to the present matter with the seriousness that it deserved two police officers, who were investigating the crime travelled from another city (Peshawar) to bring documents which could have been e-mailed, faxed or sent by Whatsapp, and then the relevant documents could have been filed, which would have been useful in determining the outcome of present bail application.
Judgment & Decree
QAZI FAEZ ISA, C.J. Notice was issued on 25 October 2023 to the respondents. The complainant, father of the deceased, and learned Additional Advocate General, Khyber Pakhtunkhwa ('AAG') together with Islam Shah, Investigation Officer and Sikandar Shah, DSP Investigation, are in attendance. The learned AAG referred to the Deputy Superintendent of Police as 'DSP sahib'. It is about time that the practice of adding the word sahib with one's job title is discontinued, as it unnecessarily elevates the status of public servants, which may instil in them delusions of grandeur and a perception of unaccountability, which is unacceptable since it is against the interests of the public whom they are meant to serve.
2. Learned counsel for the petitioner states that it was reported to the police on 5 August 2022 that Hamza aged about 9/10 years was missing. On 8 August 2022 after the recovery of the body of Hamza the FIR was registered wherein the petitioner was nominated, however, he was not mentioned when it was first reported to the police that Hamza was missing and that he was last seen in the presence of the petitioner. Learned counsel states that statements under section 161 of the Code of Criminal Procedure, 1898 ('the Code') of two relatives of the deceased were recorded which stated that they had last seen Hamza with the petitioner, but this does not stand to reason because they would have not permitted a young boy to be taken with an adult and not have informed the boy's father.
3. We enquired from the learned AAG and the police officers in attendance about the investigation of the case and it transpired that the police report (challan) had only relied upon the said two statements. It is most unfortunate that a young boy died but proper investigation did not take place to ascertain what had happened let alone who was responsible. This is a classic example of an incompetently handled investigation.
4. A practice has also developed whereby despite prior notice to the State preparation of the case is done before the Court, rendering this Court into an office of the prosecution. Rather than attending to the matter with the seriousness that it deserves two police officers, who are investigating the crime travelled from Peshawar to bring documents which could have been e-mailed, faxed or sent by Whatsapp, and then the relevant documents could have been filed, which would have been useful in determining the outcome of this bail application.
5. A case of further enquiry is made out and the petitioner is admitted to bail in FIR No.631, registered at Police Station Mathra, Peshawar, on 8 August 2022 subject to furnishing bail bond in the sum of one hundred thousand rupees with one surety in the like amount to the satisfaction of the Trial Court by converting this petition and allowing it in the said terms.
6. Copy of this order be sent to the Inspector General of Police, to the Secretary Home Department and to the Advocate-General, Kyber Pakhtunkhwa. MWA/J-10/SC Bail granted.