Court orders action against SSP, SHO over non-compliance in Karachi

KARACHI: A senior civil judge has ordered the Karachi police chief to begin departmental proceedings against SSP East and the station house officer of Sachal police station for failing to carry out court directions in a property possession case in Scheme 33.

The order was passed by Senior Civil Judge, Malir, Waheed Ahmed after he reviewed the replies submitted by both officers in response to show-cause notices issued over their alleged non-compliance. The case concerns the securing of possession of a plaintiff’s property from alleged illegal occupants.

According to the court record, the judge had earlier appointed the court’s nazir and directed the two police officials to provide sufficient police personnel to ensure implementation of the order for handing over possession. When the nazir, accompanied by police and relevant revenue officials, went to the property on June 2 to execute the order, the occupants allegedly opened indiscriminate fire on the nazir, police personnel and revenue officials.

The court noted that the nazir reported the incident to Sachal police station and also informed the SSP East through a letter. Despite this, the order said, no statement about the incident was recorded and no first information report was lodged, even though the matter involved a cognisable offence. The court later specifically directed both officials to register an FIR, but it said those instructions were also not followed.

In its order, the court said the two officials had persistently failed to comply with repeated judicial directions without lawful justification. It further observed that after those directions were ignored, show-cause notices were issued to both officers on June 27.

On July 1, the SSP East and the SHO informed the court in their written responses that an FIR relating to the incident had been registered, while also placing their contentions on record. However, the judge found the replies unsatisfactory and took a critical view of the conduct of the police authorities.

The order said the SHO’s behaviour reflected a deliberate and continuing disregard for judicial authority despite repeated opportunities to comply. The court also described the firing on police and judicial staff during execution proceedings as a grave attack on the administration of justice.

“Such conduct was not merely an act of criminality but constituted a direct challenge to the authority, dignity and efficacy of judicial process… instead of responding with prompt legal action, the concerned police authorities failed to perform their statutory obligation, thereby emboldening lawlessness and eroding the authority of the court,” it said.

The court said that to preserve the authority of judicial process, ensure enforcement of its orders and maintain public confidence in the justice system, the Additional Inspector General of Police, Karachi, as head of the city police and the competent supervisory authority, must take immediate and appropriate administrative measures in accordance with the law.

The judge directed the Additional IGP to ensure that an adequate and effective police contingent is deployed within seven days for faithful execution of the court order issued in May. The Karachi police chief was also ordered to initiate departmental proceedings against the officials held responsible under the applicable service and disciplinary rules.

The order further asked the police chief to consider replacing the present SHO of Sachal police station with an officer who, in the court’s words, shows due respect for the rule of law, judicial authority and the constitutional obligation to facilitate rather than obstruct the administration of justice.