2006 PLP 1780 (SCMR)

IFTIKHAR MUHAMMAD CHAUDHRY, C.J.

An anonymous compliant was received alleging therein that one Amna has been murdered on 21-4-2006 by his uncle and some other persons, but as they are influential persons therefore, nobody is coming forward to lodge complaint against them. In pursuance of this complaint learned District and Sessions Judge, Sialkot was directed to conduct inquiry who has submitted the following report: "Photocopies of anonymous letter and investigation report of S.H.O. were given to the Nazim and Naib Nazim. After perusing the same both Nazim and Naib Nazim unanimously stated that everything mentioned in the anonymous letter and the report of S.H.O. is true. Their joint statement is recorded. Joint statement of Malik Jamil Akhtar Nazim and Rana Shaukat Iqbal Naib Nazim of Union Council Galotian Khurd. On oath. Stated that we are the duly elected Nazim and Naib Nazim of Union Council Galotian Khurd, within the territorial limits of which is located in village Ranjai, we have perused anonymous letter and the report of S.H.O. facts narrated in both the documents are true."

2. Surprisingly the S.H.O. concerned as well as the D.P.O. and other Police Officers knowing well that inquiry is being conducted and the public of the vicinity is aware of the happening of the incident which has been supported by Nazim and Naib Nazim, did not register the case. It is informed that as this case was fixed for today therefore, on 5th July, 2006 case has been registered and statedly one accused has been arrested by the police. Non-registration of the case by the Police Officer/officials of District Sialkot clearly indicates their inefficiency and negligence. Otherwise it is the duty of the head of the District police that he should keep himself aware fully about the happening of the incident particularly about the crime of heinous nature. In the instant ease a murder falling within the mischief of section 302, P.P.C. had taken place in the area of Police Station Saddar, Daska, District Sialkot but no one has taken interest. We do not know about the fate of this case which has been registered with the delay of 2-1/2 months. I.-G. Police was asked to attend the Court because we wanted to apprise him about the situation, which is prevailing in different places, particularly with reference to this case. He states that he will personally look into the matter and will ensure that investigation is being conducted independently and impartially and he would also initiate action against the Officers/officials of the police who are responsible for not registering the case. The I.-G. Police further stated that he has taken the notes of these proceedings and today he is going to make directions for police to complete investigation in all those cases which are pending, within the period of two weeks possibly and if a case is made out, challan will be submitted, following the law laid down in the case of Hakim Mumtaz and another v. The State PLD 2002 SC 590.

3. In view of the assurance so given by the I.-G. Police, case is postponed for a date in office with direction to submit progress report for our perusal in Chambers fortnightly and if need be, further orders will be passed. He will also intimate in respect of the action, which he contemplates to initiate against the responsible officers/officials as noted above. S.A.K./A-61/SC????????????????????????????????????????????????????????????????????????????????? Order accordingly.