Sardar BALAL AHMAD DHILON vs AFTAB AHMAD CHEEMA and 9 others
This matter arises from a contempt petition filed by the petitioner alleging violation of a court order dated 16-9-2002 passed in a writ petition, which had directed the Station House Officer to peruse the petitioner's application and, if it disclosed a cognizable offence, to proceed by registering a case. The core legal question is whether the respondents committed wilful disobedience of the court order by failing to register a criminal case. The Lahore High Court held that the previous order was conditional upon the disclosure of a cognizable offence and did not mandate the straightaway registration of a case. Since the Station House Officer duly considered the application and concluded in good faith that no cognizable offence was disclosed, no wilful disobedience was established. The court established the principle that where police decline to register a case, the aggrieved party's appropriate remedy is to file a private criminal complaint. The petition was accordingly dismissed.
- Whether the failure of a police officer to register a criminal case amounts to contempt of court when the original order was conditional upon the disclosure of a cognizable offence?
- What is the appropriate legal remedy for an aggrieved person when local police refuse to register a criminal case based on their application?
ORDER
' ASIF SAEED KHAN KHOSA, J.-- Through this petition the petitioner has sought initiation of proceedings regarding contempt of this Court against the respondents in respect of an alleged violation of the order, dated 16-9-2002 passed by this Court in Writ Petition A No,6170 of 2002. The operative part of the said order, dated 16-9-2002 reads as follows:- "3. A copy of the report/parawise comments of the E.D.0 (Revenue), Lahore be sent to the S.H.O., Police Station Hanjarwal along with a copy of this order. It has been stated that an application of the petitioner is already pending with the S.H.O. Aforesaid. He will peruse the contents of the application of the petitioner already pending with him (or in the alternative, he may obtain a fresh application from him) and in case it discloses a cognizable offence, he will proceed in the matter in accordance with law, by registering an appropriate case.
4. With this direction, the writ petition is disposed of."
2. The comments to this petition submitted by, the Station House Officer of Police Station Hanjarwal, District Lahore show that the above mentioned application of the petitioner had been duly considered by the Station House Officer but it had been found by him that the same did not disclose commission of any cognizable offence, and, thus no criminal case was registered on the basis thereof.
3. The above mentioned order, dated 16-9-2002 passed by this Court in Writ Petition No,6170 of 2002 did not categorically direct the relevant Station House Officer to straightaway register a criminal case and, the said order was in fact a conditional order leaving the matter to the satisfaction of the Station House Officer regarding the petitioner's application disclosing commission of a cognizable offence. The parawise comments submitted by the Station House Officer clearly manifest that he had, in obedience to the above mentioned order passed by this Court, duly considered the matter and had come to a conclusion, whether correct or otherwise, that the petitioner's application did not disclose commission of a cognizable offence. In these circumstances no wilful disregard or disobedience of the above mentioned order passed by this Court on the part of the concerned Station House Officer has been found by me to have been established. This petition is, therefore, dismissed.
4. Before parting with this order it may be observed that if the local police do not feel satisfied with the allegations of the petitioner and if the petitioner also feels dissatisfied with the conduct of the local police then the petitioner has a remedy available to him under the law by way of filing of a private complaint in respect of his allegations. He may have recourse to the said statutory remedy, if so advised.