2006 PLP 1547 (SCMR)

IFTIKHAR MUHAMMAD CHAUDHRY, C.J.

Precisely stated facts of the case are that one Mumtaz Bibi widow of Muhammad Ishaq submitted a miscellaneous application contents whereof are reproduced hereinbelow:-- The contents of the above application reveal that her son Saeed Ahmad was allegedly murdered by the person named therein, about 2-1/2 years before. Unfortunately case was not registered despite the fact that dead body was recovered after some time which was identified by Mumtaz Bibi.

2. Notice of the application was issued, in pursuance whereof on the last date of hearing S.P. Investigation appeared. He was directed to probe into the matter and submit report by fixing responsibility upon the Officers/Officials of the concerned police station for not registering the case.

3. I.-G. Police is appearing in another case, which pertained to District Sialkot, therefore, the above matter was brought to his notice as he was present in the Court. D.P.O. Sheikhupura stated that now the case has been registered by the police vide F.I.R. No.138, dated 28-4-2006 under section 302, P.P.C. and investigation is going on. Non-registration of a criminal case wherein a murder has taken place for a period about 2-1/2 years clearly demonstrates inefficiency, and gross negligence on the part of the concerned Police Officers. It is well-settled that during the investigation it is always better to collect evidence if available, as early as possible. We are not in a position to understand that in such a case where murder has taken place what would be the result of the same and particularly poor lady Mumtaz Bibi who has appeared and is complaining against the police attitude saying that she had been approaching them again and again for the purpose of registration of the case but no one had listened her and at the end of the day D.P.O. came to her rescue and directed the registration of the case and entrusted investigation to S.P. Investigation. We understand that matter will be investigated and evidence will be collected, sufficient or otherwise for the purpose of submitting challan but what would be the recompense to the lady whose son has been killed in a gruesome manner.

4. As far as the system of the law is concerned, the constitution says that everyone is entitled to the protection of the same and is entitled to get justice in all the circumstances but the attitude of the police in this case is irresponsible and on account of such attitude, mother of the deceased Mumtaz Bibi is bound to suffer throughout her life, so long as she lives. As per her claim she is a widow and after the death of her husband she had taken it as a mission to bring up her children but in the meanwhile this incident took place. The facts and circumstances of the case which have been narrated before I.-G. Police and Advocate-General, Punjab, her plight can be well-imagined by all of us. However, we direct I.-G. Police to take personal interest in the investigation of the case.

5. Let this case remain pending and I.-G. Police shall submit report personally after every week in respect of the progress of the case and even after the submission of challan it would be his responsibility to ensure that evidence is produced if ultimately evidence is not available then it would be the liability/responsibility of the police department to compensate her in any manner whatever they deem fit, under the circumstances. In the meanwhile I.-G. Police shall take strict disciplinary action against officers/officials who are responsible for not registering the case ultimately after the happening of the incident as this Court observed time and again that it is the duty of the police to register the case without any delay and submit challan as far as possible within the period of fifteen days in terms of section 173, Cr.P.C. Reference in this behalf may be made to Hakim Mumtaz Ahmed and another v. The State PLD 2002 SC

590. Report shall be submitted in Chambers through Registrar for our perusal. Date in office. M.H./M-122/SC Order accordingly.