MUHAMMAD ISHAQUE vs SHAHZAD ALI and 2 others
This constitutional petition was filed by the petitioner alleging that the police were unnecessarily harassing his son, S. Nisar Ahmed, without any legal basis. The respondent, a Sub-Inspector of Police (S.I.P.), admitted that he sought to contact the petitioner's son for an inquiry but had not registered any First Information Report (F.I.R.) or entered the complaint and inquiry details into the police station diary. The core legal question was whether the police could harass or attempt to detain an individual for inquiry in the absence of a formal F.I.R. or proper record-keeping. The Court held that the respondent's actions were unwarranted and in flagrant violation of police rules. The Court emphasized that police officers cannot arrest or proceed against individuals without following the due course of law. Consequently, the petition was allowed, and the police were restrained from acting against the petitioner's son outside the established legal framework.
- Can a police officer conduct an inquiry or attempt to detain an individual without the registration of an F.I.R.?
- Is it mandatory for police to enter complaints and inquiries into the police station diary?
- Does the police have the authority to harass citizens for inquiry purposes outside the due course of law?
ORDER
1. Respondent No,1, has filed comments alongwith the statement of S.H.O. New Karachi Police Station which are to the effect that on receipt of complaint from respondent No,2, the S.H.O. Of the police station marked the petitioner's complaint to him. In the petition the petitioner's grievance is that the police are unnecessarily harassing the petitioner's son namely S. Nisar Ahmed, off and on. The respondent Shahzad Ali has further stated before me that he wants to conduct said Nisar Ahmed son of petitioner but has so far failed to get him for the purpose of inquiry. I doubt if the respondent S.I.P. Can have such recourse in absence of any F.I.R. The respondent S.I.P. Has also stated before me that the fact of complaint and inquiry has not been entered in the station Diary of the police station. This is inflagrant violation of police rules. In view of the above, alleged action on the part of the respondent S.I.P. Is unwarranted. He cannot arrest the petitioner' son namely S. Nisar Ahmed and cannot proceed in the matter against the petitioner's son otherwise than under the due course of law. With this observation this petition is allowed with no order as to cost.