JAVID KHAN vs ARSHID KHAN S — 2024 PLD 73 SUPREME-COURT

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JAVID KHAN VS ARSHID KHAN S. 497(2)---Penal Code (XLV of 1860), Ss. 302(b) & 364-A---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, kidnapping or abducting a minor---Bail, grant of---Further inquiry---Investigation carried out incompetently---Counsel for the petitioner (accused) stated that it was reported to the police on 5 August 2022 that deceased minor aged about 9/10 years was missing, and on 8 August 2022 after the recovery of his body the FIR was registered wherein the petitioner was nominated, however, he was not mentioned when it was first reported to the police that minor was missing; that statements under section 161 of the Code of Criminal Procedure, 1898 ('the Code') of two relatives of the deceased were recorded which stated that they had last seen the minor with the petitioner, but this did not stand to reason because they would have not permitted a young boy to be taken with an adult and not have informed the boy's father---Validity---Investigation of the case showed that the police report (challan) had only relied upon the two statements of relatives of the deceased---It was most unfortunate that a young boy died but proper investigation did not take place to ascertain what had happened let alone who was responsible---Present case was a classic example of an incompetently handled investigation---Case of further enquiry was made out - Petition for leave to appeal was converted into appeal and allowed, and petitioner was admitted to bail. Citation Name: 2024 PLD 73 SUPREME-COURTBookmark this Case JAVID KHAN VS ARSHID KHAN Law Officer (Additional Advocate General) using the term 'sahib' to refer to a police official in Court---Supreme Court deprecated such practice and observed that it is about time that the practice of adding the word sahib with one's job title is discontinued, as it unnecessarily elevates the status of public servants, which may instil in them delusions of grandeur and a perception of unaccountability, which is unacceptable since it is against the interests of the public whom they are meant to serve. Citation Name: 2024 PLD 73 SUPREME-COURTBookmark this Case JAVID KHAN VS ARSHID KHAN S. 497---Constitution of Pakistan, Art. 185(3)---Petition for leave to appeal before the Supreme Court seeking bail---Developing practice whereby despite prior notice to the State preparation of the case is done before the (Supreme) Court---Supreme Court deprecated such practice and observed that it rendered the Supreme Court into an office of the prosecution; that rather than attending to the present matter with the seriousness that it deserved two police officers, who were investigating the crime travelled from another city (Peshawar) to bring documents which could have been e-mailed, faxed or sent by Whatsapp, and then the relevant documents could have been filed, which would have been useful in determining the outcome of present bail application.

JAVID KHAN vs ARSHID KHAN S — 2024 PLD 73 SUPREME-COURT

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