In spite of various precedents
of the higher judiciary including august Supreme Court of Pakistan, whenever a
cognizable offence is reported to the Police verbally or through a written
application, Station House Officer is bound to register the case without
veracity of the allegations leveled in the verbal statement or written
application. Thereafter Station House Officer is bound to either investigate
himself or through his nominated police officer. In schedule II of the Code of
Criminal Procedure, 1898 cases of murder, hurts, rape, unnatural offences,
theft, dacoity, kidnapping and extortion etcetera are cognizable offences where
police can arrest without warrant issued by the Magistrate and investigate and
is empowered to either discharge the accused persons nominated in the First
Information Report or to send them in Court to face trial after completion of
the investigation and submission of Charge Sheet (Challan) in Court.
During British era, Station House Officer never ever refused to register the
cases in cognizable offences and thereafter the matter had to be investigated.
But with the passage of time, everything has been changed enormously. After the
matter in cognizable offences is brought to notice of the local Police in whole
Punjab and Federal Capital, the concerned police officer in almost all cases
demands illegal gratification. If the informer is ready to pay the same, the
accused party is called in the Police Station. In case the accused persons are
rich enough, the complainant of the case is pressurized to compromise the
matter. Both sides have to pay the illegal gratification. Now there is bid
between the complainant and the accused person. It is upon sweet-will of the SHO
to either register the case or refuse to register the same which entirely
depends upon the bid of the parties, even in genuine cases.
During this tug of war among the complainant, accused person(s) and police,
usually the complainant last a lot of time. Evidence is generally tampered in
favour of one party. The parties are directed to take special oath on Holy Quran
on each and every aspect of the case. Although the august Supreme Court of
Pakistan and the High Courts of the country have declared such like special
oaths on Holy Quran as illegal in numerous cases.
In the case of honour, usually the complainant become more weaker and submit to
demands of the police in many cases. Under the law, the police is not bound to
arrest in each and every case. But because of lack of accountability and fear of
the police felt by the poor men of the country, the cases are not reported any
further and die their own death in Police Station.
Only powerful and rich persons are able to lodge their FIRs. Usually such like
occurrences are not occurred in powerful and rich families as no one has dare to
challenge them easily. Only haves not are being deprived from their lives,
honour and properties. The example can be quoted of the recent occurrence in
Lahore by a powerful political figure in a guest house in Lahore.
This is just one of the many manifestations of our deeply flawed criminal
justice system which commenced from Police Stations and Police Posts. Arresting
those responsible and punishing them is indeed what justice demands. It is high
time we pursue the state to address the root causes of not only such like
incidents but all injustices stemming from a faltering criminal justice system.
Such cruel and backward conduct is not confined to rural areas alone but also in
urban areas as well.
With no accountability mechanism, day to day violations of the rights of
innocent citizens who are deprived from their life, property and honour not only
go unreported but also unpunished because of illegal gratification which they
could not pay to seek justice. No mechanism exists at either the federal or
provincial level to hold such like corrupt police officers. Even the high-ups of
Police also shelter such like inactions of their subordinates.
The legislature has to promulgate law to save the public from atrocities being
committed by the Police. Legislation is to be made more clear on the point
whenever any matter is reported disclosing a cognizable offence, Station House
Officer is bound to register the First Information Report whatever its outcome
might be. In case Station House Officer fails to register the case in cognizable
offences, he should be punished and should be removed from service. More than
half of the problems would be solved in our country.
So long as police is not made accountable and a specific punishment is not
enforced , the poor men are bound to suffer irreparably and beyond measures on
each passing day .