ZULFIQAR ALI vs EX-OFFICIO JUSTICE OF PEACE Ss — 2023 PLD 512 LAHORE-HIGH-COURT-LAHORE

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ZULFIQAR ALI VS EX-OFFICIO JUSTICE OF PEACE Ss. 491 & 497---Constitution of Pakistan, Art. 199---Petition(s) before the High Court---Relief(s) sought from the High Court in petition(s) [of bail/harassment/habeas corpus etc.] moved by a petitioner/accused---Criminal history of such petitioner/accused, submission of---Scope and effect---Non-mentioning of criminal cases(s) in which acquittal of the accused was already secured---Held, that the it was common practice of police to produce a list of criminal cases registered against the petitioner, knocking at the door of the High Court for relief, during the adjudication of petitions pertaining to bail, harassment and habeas corpus etc.---It was done with the purpose of establishing criminal antecedents of the petitioner/accused seeking relief from the Court---Previous criminal history had, sometimes, profound impact and was often considered by the Court(s) while granting bail, which was a relief discretionary in nature or other relief rooted in equity---High Court observed that, more than often, criminal history of a petitioner was placed on the record which contained a number of cases in which he had already earned acquittal---Criminal history must only reflect the cases where the petitioner/accused was convicted, including the suspended sentences and all pending FIRs wherein he stood arraigned as an accused---Whereas cases resulting in acquittal or discharge, and FIRs having been quashed or withdrawn, could not be enlisted against the accused---Report submitted by concerned Police Officer stated that in order to computerize the record of a criminal case, Police Station Record Management System (PSRMS) had been developed, in which all FIRs and their data related data was saved, including the final fate of a criminal case; that all police stations in the Province had been connected with the said system; that instructions had been issued to all District Heads of Punjab Police to upgrade the record of all accused after the decision of the Court and a monthly review would be conducted ; that all record having been duly entered into PSRMS would be produced before the High Court after having duly been verified by the DSP Legal at District level---After the digitalization of the entire police record, obtaining an accurate criminal history of any person would be just a 'click' away---Mentioning of any case in criminal history list in which acquittal had been secured by a petitioner/accused, being irrelevant, was violative of his fundamental rights and was an attempt to prejudice the mind of the Court through misrepresentation---Practice of submitting only a list of criminal case(s) registered against the petitioner/accused without the final fate or present status of such case(s) was deprecated by the High Court---High Court issued directions for submission of criminal history of the petitioner/accused before the High Court with the same(list/history) showing true and updated status( pending or having been decided by the Trial Court)of criminal case(s) after having entered into police register as well as PSRMS with co-ordination of all concerned at police hierarchy---Constitutional petition was disposed of accordingly.

ZULFIQAR ALI vs EX-OFFICIO JUSTICE OF PEACE Ss — 2023 PLD 512 LAHORE-HIGH-COURT-LAHORE

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