- In a 30-page verdict on acquittal appeal of a murder accused, Justice Minallah observes the police’s failure to register FIR is a constitutional violation and is a denial of justice
ISLAMABAD: The Supreme Court of Pakistan on Friday accepted the acquittal appeal of an accused Sita Ram in a murder case, declaring that the police cannot refuse or delay the registration of a first information report (FIR) of any incident, as it could lead to injustice or loss of evidence.
Justice Athar Minallah made the observation in a 30-page verdict while accepting the appeal of accused Sita Ram in a murder case. In the verdict, the court said that the prosecution had failed to present evidence against the accused.
Appellant Sita Ram was accused of killing Chandra Kumar in 2018.
The court said in the verdict that despite the timely information of the plaintiff, the case was registered with a delay of two days. The SHO admitted that the information was registered in the newspaper, but not an FIR.
The order said that registration of a case is mandatory in a cognizable offense, and delay in registration of cases has been seen in most cases across Sindh province. Registration and investigation of cases are executive processes, and they are important and fundamental parts of the criminal system.
The Supreme Court said in its verdict that it is the legal responsibility of the duty officer to register a case as soon as possible after receiving information. A police officer cannot refuse or delay the registration of a case. Delay has an impact on the accused and the plaintiff, and it could lead to the loss of evidence and the involvement of innocent people.
The verdict said that the police force and police stations are for the service of the public. A report was also submitted by the IG Sindh and the Prosecutor General in the case. The reasons given in the order included cultural practices, attempts to reconcile the complainants, and religious beliefs that were not in accordance with the law.
According to the court decision, the police’s failure to register an FIR is a constitutional violation and is a denial of justice, calling the trend of delay in registering an FIR in Sindh as worrying. “Delay in FIR is an injustice to the weak, poor, and backward classes, and through such tactics the police show they serve the powerful class, not the people,” the verdict concluded.
