MUHAMMAD RAFI Versus S.P. and others
This petition was filed seeking the registration of a criminal case against police officials following allegations of severe police high-handedness, including illegal detention, physical assault on family members, and robbery. The petitioner alleged that police officials repeatedly harassed his sons and daughter, fabricated criminal cases, and looted cash from his residence. The core legal question was whether departmental disciplinary proceedings were sufficient to address the alleged criminal conduct of the police officers. Upon reviewing the report submitted by the Capital City Police Officer, which confirmed that specific police officials were guilty of misusing official powers and illegal detention, the Court held that mere departmental action under the Punjab Removal From Service (Special Powers) Ordinance, 2000 was inadequate given the gravity of the allegations. The Court directed the registration of a criminal case against the implicated police officials and ordered the Senior Superintendent of Police (Investigation) to personally supervise the investigation and submit a report to the Court. The judgment reinforces the principle that criminal accountability cannot be bypassed by departmental proceedings when serious criminal offenses are committed by law enforcement personnel.
- Is departmental action under the Punjab Removal From Service (Special Powers) Ordinance, 2000 sufficient when police officials are accused of serious criminal offenses?
- Can a High Court direct the registration of a criminal case against police officials based on allegations of high-handedness and illegal detention?
- Does the High Court have the authority to order the personal supervision of a police investigation by the Senior Superintendent of Police?
- Section 379, Pakistan Penal Code 1860
- Punjab Removal From Service (Special Powers) Ordinance, 2000
ORDER
The petitioner has approached this Court for registration of a criminal case on the basis of application (Annexure "F") submitted to the S.P. Model Town, Lahore. According to him on 8-7-2003 at 8 a.m. petitioner's son namely Imran Ali while going to Sanglanwala Darbar from Venus Colony was intercepted by Muhammad Iqbal Head Constable and another. They searched him on the suspicion of having Clears. During this process he was deprived of an amount of Rs.4,600. Upon his demand to get the money back he was threatened to be done to death The son of the petitioner made a written complaint to the Senior Superintendent of Police, Lahore in this regard but of no avail. On 8-7-2003 the petitioner's son was again arrested by the police of Police Station Factory Area and confined in lock-up for tile revenge of the said complaint anti was released by the order of the learned Session Judge, dated 22-(sic)-2003 passed in the habeas petition filed by the petitioner. Application against his high-handedness of police officials was moved to the Senior Superintendent Police. On 16-8-2003 another son of petitioner namely Mangta was arrested. The police also registered a false case against the said Mangta under section 379, P.P.C. but, according to the bailiff report, the arrest of detenu was not shown' in any document. That detenu was released on bail by the learned Judicial Magistrate. On 28-9-2003 son of petitioner namely Imran was arrested by the police by planting the recovery of Chhuri under section 13/20/65. He was also released on bail by the learned Judicial Magistrate on 3-10-2003. Unfortunately the said Imran alongwith one Ibrahim again were given severe beating while they were purchasing vegetable. Upon interruption by the public more police force was summoned. The said police officials entered into the house of the petitioner. They gave beating to the ladies and insulted them. The police officials also broke open the locks of Almirah and they robbed Rs.1,25,000 (Rupees one lac twenty-five thousand only). They also arrested the petitioner's daughter namely Mst. Shazia and three persons of Mohallah and took them to C.I.A. Police Office Nawan Kot. Mst. Shazia was beaten so seriously that she was unable to walk. The public being furious blocked the Feroze Pur Road. The public, however, was cooled down upon the request of high ups of the police. Now the police is compelling the petitioner for compromise through influential personalities of the locality. Hence this petition.
2. Report was called which was submitted by S.H.O. Police Station Factory Area who denied the allegations in his parawise comments and reply. Subsequently report was summoned from Capital City Police Officer which was received on 2-1-2004. According to the said report an inquiry was conducted and in the inquiry Badar Munir, S.-I. and Abdul Jabbar A.S.-I. were found guilty of misusing their official powers and bringing Mst. Shazia to C.I.A. Nawankot without any lawful justification. It has further been stated in the report, that S. P. C. I. A. has been directed to proceed against the said police officials under the Punjab Removal From Service (Special Powers) Ordinance, 2000 for the misconduct.
3. After hearing the arguments of the learned counsel for the petitioner and going through the record I find that mere departmental action under the Punjab Removal From Service (Special Powers) Ordinance, 2000 is not sufficient in view of the high-handedness of the police officials. Therefore, Capital City Police Officer is directed to get a criminal case registered against Badar Munir, S.-I. and Abdul Jabbar, A.S.-I. as well as other police officials under relevant provisions of law as per allegations levelled by the petitioner in his application. The S.S.P. Investigation, Lahore shall investigate the case under his personal supervision and will submit final report to this Court through Deputy Registrar (Judl.) within a period of one month.
H.B.T./M-272/L Order accordingly.