1998 PLP 1533 (MLD)

About the murder of one Liaqat Ali Crime Case No.94 dated 10-2-1998 was registered at Police Station Phool Nagar, District Kasur under section 302/34 of the Pakistan Penal Code. Feeling dissatisfied with the investigation of the case the people of the area came on the main road on 14-2-1998 at 2.00 p.m. they raised the protest against the police who were restrained but they did not obey the order of the police. They are said to have raised slogans against the Government and the Executive/Police Authorities. However, they were dispersed by the police. On 21-2-1998 at 2.50 p.m about the aforesaid occurrence taken place on 14-2-1998 F. I. R. No. 118 under section 186/341/506/148/149 of the Pakistan Penal Code read with section 16 of the West Pakistan Maintenance of Public Order Ordinance 1960 was registered at Police Station Phool Nagar, District Kasur.

2. Malik Taj Din petitioner filed this writ petition to get quashed the aforesaid F.I.R. He took up, the stand that on 21-2-1998 at about 7.00 p.m. he came to know that his sons Nasir and Nazar Muhammad alongwith two licenced .12 bore guns had been taken to Police Station Phool Nagar from his shop, that he went to Police Station Phool Nagar with his son Fakhar and other persons to enquire about his aforesaid two sons when he came to know about their arrest and that he, his son Fakhar and other persons were also arrested in the aforesaid F. I. R. No. 118 of 1998. According to the petitioner he, his three sons and 11 persons were locked-up in Police Station Phool Nagar where they were given severe beating. According to the petitioner the delay of seven days in the registration of the F.I.R. is enough to make out the mala fides of the police.

3. In the comments Manzoor Hussain S.I./S.H.O. Police Station Phool Nagar has expressed that the occurrence took place and the law has been set in motion. He maintained that there was no justification for the quashment of F. I. R.

4. I have heard the learned counsel for the petitioner as well as the learned Additional Advocate-General and gone through the record before me. I am in full agreement with the learned counsel for the petitioner who canvassed before me that it is a fit case for the quashment of the F.I.R. on the ground that the occurrence took place on 14-2-1998 while the F.I.R. was got registered by Muhammad Saeed S.I. Police Station Phool Nagar on 21-2-1998. It is a matter of common knowledge that where the investigation of a murder case or a case of sensational nature is not conducted in a proper manner by the police, the open protest of this type is lodged by the public. In certain cases even the Political Personalities in authority also reach at the spot to supervise the working of the lice and to pacify and cool down the sentiments of the people. In a democratic country such type of protests are ignored and should be ignored especially when no damage is caused to any person or property. In the instant matter the salient feature in favour of Malik Taj Din petitioner is that the alleged occurrence took place on 14-2-1998 while the F.I.R. was lodged on 21-2-1998 which is enough to make out the mala fides on the part of the police. During the aforesaid sufficient period of seven days no adverse effect within the purview of section 16 of the Maintenance of Public Order Ordinance, 1960 was infused or felt anywhere in the area. Such type of absurd working of the police brings bad name to the party in power without any contribution on its part. This is the crux of the matter to make me express that the 'public servants' cannot be allowed to vex and tax the 'public' in this manner. Further, I hold the view that taking out the processions in a democratic country like ours is a democratic right of the people to get recorded their resentment and protest in such like matters. The contention of the learned Assistant Advocate-General that the occurrence took place and the accused are named in the F.I.R. whereby it is not a case of quashment of F.I.R. need not be given the weight in view of the aforesaid perspective of the dispute and the reasoning of this Court. Thus his assertion is ignored.

5. For what has been said above, this petition has the merit. I, therefore, with costs and quash F. I. R.- No. 118, dated 21-2-1988 accept this writ petition registered at Police Station Phool Nagar, District Kasur. H.B.T./T-40/L Petition accepted.