MUHAMMAD HASAN SAHITO vs THE STATE
This matter concerns a challenge to an order passed by the IVth Additional District and Sessions Judge, Karachi (East), directing the registration of an F.I.R. regarding the death of an under-trial prisoner (U.T.P.) while in judicial custody. At the time of the impugned order, a formal judicial enquiry into the cause of the prisoner's death was already underway, conducted by a Judicial Magistrate. The applicant contended that the direction to register an F.I.R. while the judicial enquiry was pending created parallel proceedings, which was legally unwarranted before the enquiry's conclusion and the receipt of the medical report. The High Court found merit in the applicant's contention. Consequently, the Court held that the impugned order directing the registration of the F.I.R. should be suspended. The Court ruled that the registration of the F.I.R. must await the completion of the ongoing judicial enquiry and the receipt of the Chemical Examiner's report to avoid the initiation of parallel, potentially conflicting proceedings regarding the same incident.
- Can a court order the registration of an F.I.R. while a formal judicial enquiry into the same incident is pending?
- Is it permissible to initiate parallel proceedings regarding the cause of death of an under-trial prisoner in judicial custody?
- Does the pendency of a judicial enquiry into a custodial death preclude the immediate registration of an F.I.R. against the accused?
ORDER
1. ' MRS. YASMEEN ABBASEY, J.---Granted.
2. Granted subject to all just exceptions.
2. 3-4. It is pointed out by learned counsel for the applicant that after death of U.T.P. Shakeel Ahmed in judicial custody the order for holding enquiry about the cause of death of U.T.P. Was passed, such notification was issued and Mr. Abdul Qadir, XII Civil Judge/Judicial Magistrate, Karachi (East) was appointed as enquiry officer. It is reported that enquiry is about to conclude.
3. ' During 'the pendency of this enquiry an application was moved by the mother of the deceased to Station House Officer, New Town Police Station, Jamshed Town, Karachi, which was placed before IVth Additional District and Sessions Judge, Karachi (East), who has ordered for registration of the F.I.R. However, it is ordered that arrest of the accused persons will not be effected unless some material against the accused is brought during investigation.
4. It is contended by learned counsel for the applicant that during the pendency of enquiry proceeding wherein the responsibility of death of deceased is yet to be fixed in association with the medical report, which is still in progress, the step taken by the learned Additional District and Sessions Judge for lodging the F.I.R. Is a step to open a parallel proceedings, which is not warranted.
5. The ground urged by the learned counsel appears to be reasonable. Without prejudice to the case of the mother of the deceased. The impugned order dated 12-1-2007 is hereby suspended till completion of the enquiry and the report of Chemical Examiner. In terms of above finding the main Criminal Miscellaneous Application stands disposed of.