Mst. SHAHIDA CHOUDHARY vs REGIONAL POLICE OFFICER, RAWALPINDI Ss — 2021 PLD 805 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Mst. SHAHIDA CHOUDHARY VS REGIONAL POLICE OFFICER, RAWALPINDI Ss.22-a, 22-B, 174 & 176---Constitution of Pakistan, art.199---Constitutional petition---Fake police encounter---Remedy---Judicial inquiry---Second FIR---Scope---application under Ss.22-a & 22-B, Cr.P.C. seeking registration of FIR on the allegation that her husband and brother were murdered by police during custody in fake police encounters---Police officials contended that matter was judicially inquired by a Magistrate appointed under Ss.174 & 176, Cr.P.C. by Sessions Judge---Ex-Officio Justice of Peace dismissed the application filed by petitioner---Validity---If petitioner claimed the encounters as fake and she had evidence in such regard, that should have been investigated when in both the encounters the only story on the surface was by police officers---Story narrated by petitioner did not appear to be true so she was not entitled for any relief and application under Ss.22-a & 22-B, Cr.P.C. was rightly dismissed---Petitioner had a legitimate right to raise a voice alleging fake encounters and it must have been investigated---High Court directed the authorities to record version of petitioner in Roznamcha (Daily Diary) of police station concerned so that the same would form part of investigation of FIRs already registered and would be investigated on merits---Practice on the part of police officers to ask for judicial inquiry in the matters (in particular police encounter), other than determination of cause of death, amounted to misuse of their powers---Sessions Judge before entrustment of such application to a Magistrate was under obligation to examine its contents so as to find out that what had been asked, was permissible under law and was the request made within the parameters of S.176, Cr.P.C. and if not it would have been turned down----Request made by police authorities to Sessions Judge for probing into the facts of occurrence, entertaining such application by Sessions Judge and its entrustment to Magistrate were illegal and without lawful authority---Constitutional petition was dismissed accordingly.

Mst. SHAHIDA CHOUDHARY vs REGIONAL POLICE OFFICER, RAWALPINDI Ss — 2021 PLD 805 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2021 PLD