P L D 2021 Lahore 274 (PLP)

MUHAMMAD QASIM KHAN, C.J.

In compliance of order passed by this Court dated 10.06.2020, Inspector General of Police Punjab along with City Police Officer, Faisalabad is in attendance.

2. I have heard learned counsel for the petitioners, as well as, learned Additional Advocate General.

3. Ordinarily in number of cases constitutional jurisdiction of this Court is invoked for implementation of orders passed by the learned Ex-Officio Justice of Peace; whereby direction is issued to the SHOs to proceed under section 154, Cr.P.C. In the wake of non-compliance/non-implementation of orders passed by the Ex-Officio Justice of Peace at first instance petition is filed for implementation of such order before the Ex-Officio Justice of Peace while as a second resort, writ petitions are filed before the High Court, which in all eventualities result into overburden the judicial work just due to inaction on the part of the police functionaries. This Court while dealing with a similar issue vide order 12th November, 2014 passed in Writ Petition No. 29840/2014, which was reported as Mian Muhammad Ali v. C.C.P.O. and others (PLD 2015 Lahore 313) had passed directions to the police hierarchy, however, the same are not being adhered to in letter and spirit. Hence, faced with this situation and keeping in view the peculiar facts and circumstances, this Court is persuaded to pass the following directions:- (i) The apex Court in a celebrated judgment handed down in the case titled "Younas Abbas and others v. Additional Sessions Judge, Chakwal and others" (PLD 2016 Supreme Court 581) has held that until and unless due recourse is exercised within the police hierarchy for initiation of proceedings under section 154, Cr.P.C, petition under sections 22-A, 22-B, Cr.P.C. is not maintainable. Hence, in view of guidelines given by the apex Court in the supra judgment, it is obligatory for the court functioning as Ex-Officio Justice of Peace, before taking cognizance in the matter of application under sections 22-A, 22-B, Cr.P.C., to satisfy that the petitioner has already approached the concerned quarter(s) meant for redressal of his grievance i.e. filed application before SHO for registration of case, which was registered under a proper diary and the inaction by the SHO was further agitated before the higher police hierarchy (Superintendent of Police) under due receipt but with no effect. (ii) When the above pre-requisite is established then as second phase it will be mandatory that proposed FIR in original be annexed with petition under sections 22-A, 22-B, Cr.P.C. while copy thereof duly attested by the lawyer ' shall also be clubbed with the petition. (iii) If after taking into consideration/evaluating the facts and circumstances of the case Ex-Officio Justice of Peace passes direction for registration of a case, proposed FIR annexed with the file shall be handed over to the Prosecutor with due receipt, who shall onward transmit the same to the highest Police Officer of the district/tehsil. The receipt issued in this behalf shall contain signatures with name, date and time of its receiver. Ultimately it shall be duty of the concerned Police Officer to route the same to the concerned quarter/SHO for due legal action. Moreover, the D.P.O. or C.P.O, as the case may be, shall be responsible to pay surprise and random visits to the Police Stations so as to ensure that proposed FIRs are entered as regular/formal FIRs for further process/investigation, in accordance with law. (iv) Unless the order of the Ex-Officio Justice of Peace viz. registration of version or FIR is suspended by the higher forum, the police hierarchy shall be bound for its implementation in letter and spirit as early as possible but not later than five days except in compelling circumstances. Otherwise if any such matter with regard to non-compliance of order of Justice of Peace viz. registration of case after five days is brought to the notice of the Court, the consequences shall be on the shoulders of the concerned SHO.

4. Registrar of this Court is directed to transmit copy of this order to all District and Sessions Judges working throughout the province, who shall further ensure that the same is delivered to all the concerned Judicial Officers within their districts for future guidance.

5. A copy of this order shall also be transmitted to Inspector General of Police Punjab, who is directed to convey it to all Regional Police Officers/District Police Officers for its compliance in letter and spirit.

6. As far as the case in hand is concerned, as case FIR No.907/2020, dated 10.06.2020 under sections 337-A(i), 337-A(iii), 337-F(vi), 34, P.P.C., already stands registered at Police Station Millat Town, Faisalabad, therefore, the petitioners have more than one alternate remedy before the learned trial court for redressal of their grievances. The instant petition, thus, stands dismissed. MH/A-19/L Petition dismissed.