SALMAN AHMED ANSARI vs THE STATE
This matter originated as a human rights petition registered by the Chief Justice of Pakistan upon receiving a copy of a letter addressed to the Prime Minister. The petitioner alleged police inaction, executive failure, and partiality regarding the investigation into the kidnapping and murder of his son. The core question before the Supreme Court was whether appropriate statutory procedures and actions under criminal law were being pursued by the law enforcement agencies. Reports submitted by the police authorities and the Additional Advocate-General revealed that an FIR under Sections 506, 364, 34, and 302 of the Pakistan Penal Code 1860 had been registered against accused persons identified during the investigation, and that formal chargesheet had been submitted. However, progress was delayed due to the accused persons absconding. The Supreme Court held that since the necessary statutory provisions were complied with and the legal machinery had been set into motion, no further administrative or judicial directions were required under human rights jurisdiction, ordering the file closed.
- Whether proceedings in a human rights petition regarding police inaction should be closed once statutory criminal proceedings have been properly initiated?
- Does the absconding of named accused persons warrant keeping a human rights petition pending when formal investigation and chargesheet have been completed?
- Section 302, Pakistan Penal Code 1860
- Section 364, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' SALEEM AKHTAR, J.---Salman Ahmed Ansari, the petitioner, addressed a letter to the Prime Minister of Pakistan on 5-9-1992 complaining about the inaction of the police and the executive and alleged partiality in respect of the report he had made about the kidnapping of his son who was later found murdered. A copy of this letter was also endorsed to the Chief Justice of Pakistan, who ordered it to be registered as a human right case and notices were issued to the law officers of the Federation and the Provinces. On 8-3-1993 the Court ordered Mr. Abdul Ghafoor Mangi, Additional Advocate-General, Sindh, to report within a month as to whether a criminal case has been registered or not with regard to the death of Ehsan Ahmed Ansari. A report dated 9-3-1993 by the S.H.O., Malir City Police Station, Karachi, addressed to the Advocate-General was filed giving full details of the case stating that F.I.R. No,135/91 under section 506/364/34/302, P.P.C. Was registered on 5-8-1991 on a written complaint received from the petitioner. The F.I.R. Was registered against unknown accused persons, but during investigation Najeeb Ahmad and Muhammad Shahzad Munir, the P.Ws. Have nominated Aftab Ahmad, Shahid and Salahuddin as accused persons. It was further stated that all efforts had been made to arrest the accused persons, but in vain. A report dated 21-4-1993 addressed on behalf of the S.S.P., District East, Karachi was submitted to the Additional Advocate-General, Sindh along with a copy of the written report made by the petitioner dated 4-8-1991, F.I.R. Dated 5-8-1991 and the challenged dated 31-12-1992. The learned A.A.-G.
2. Pointed out that actions permissible under law have been taken and case has been registered against the accused, but they are absconding and all efforts have been made through several agencies for their arrest. In the circumstances, the learned A.A.-G. States that the provisions of law having been complied with, this proceeding should be closed and matter may proceed in accordance with law. It seems that due to the abscission of the accused there has been delay in the proceeding of the case. In these circumstances, no further action is needed and 'the file may be closed.