YLR 2008

2008 PLP 2036 (YLR)

QASIM ALI and 4 others — Petitioners Versus DISTRICT POLICE OFFICER FAISALABAD and 2 others — Respondents

Jurisdiction / Court
Lahore
Decided Date
Writ Petition No.5015 of 2008, decided on 12th May, 2008.
Honorable Judges
Abdul Shakoor Paracha, J
Case Reference Summary (AEO Optimized)
Citation 2008 PLP 2036 (YLR)
Forum / Court Lahore
Bench Members Abdul Shakoor Paracha, J
Parties QASIM ALI and 4 others — Petitioners Versus DISTRICT POLICE OFFICER FAISALABAD and 2 others — Respondents
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2008 PLP 2036 (YLR)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2008 PLP 2036 (YLR)?

The case was heard and decided by the Lahore bench comprising: Abdul Shakoor Paracha, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2008 PLP 2036 (YLR) (QASIM ALI and 4 others — Petitioners Versus DISTRICT POLICE OFFICER FAISALABAD and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • ----Ss. 22-A & 22-B---Constitution of Pakistan (1973), Art.199---Constitutional petition---Powers and duties of Justice of Peace---Scope---Petitioners had prayed that Station House Officer be directed not to cause illegal harassment to them---Counsel for petitioners had submitted that while disposing of petition under Ss.22-A & 22-B, Cr.P.C., Police Officer had given undertaking that he would not cause any harassment to the petitioners but despite that the police was time and again harassing them---If an illegal act was committed by an individual, petitioners had a remedy of filing a complaint against individual/Police Officer---Even the petitioners had a remedy to file a suit for recovery of damages for the illegal act of any individual officer---Police were bound to proceed in accordance with law and should remain within the domain of law and they were not supposed to cause harassment to the petitioners for the act committed by their brother official---Order accordingly.
  • Saif-ul-Haq Ziay for Petitioners.

Judgment & Decree

ABDUL SHAKOOR PARACHA, J.

This Constitutional petition under section 199 of Islamic Republic of Pakistan, 1973 has been filed with the following prayer:-- "It is, therefore, most respectfully prayed that the present writ petition may kindly be accepted and respondent No.2 be directed not to cause illegal harassment to the petitioners."

2. Learned counsel submits that vide order dated 25-11-2006 while disposing of petition under sections 22-A/22-B, Cr.P.C. an undertaking by Muhammad Bashir, A.S.-I., was noted down by the learned Additional Sessions Judge, Faisalabad that he would not cause any harassment to the petitioners but despite the above stated fact, the police is time and again harassing the petitioners.

3. Be that as it may, if an illegal act is committed by an individual, the petitioners have a remedy of filing a complaint against the individual/Police Officer. Even the petitioners have a remedy to file a suit' for recovery of damages for the illegal act of any individual officer.

4. Respondents are bound to proceed in accordance with law and should remain within the domain of law. They are not supposed to cause harassment to the petitioners for the act committed by their brother/respondent No.3. With this observation, this writ petition is disposed of. H.B.T./Q-14/L Order accordingly.