By filing the instant writ petition, the petitioner has sought a direction in the name of Respondent No. 1 S.H.O., Police Station, Machi Wal, District Vehari to register the case against the accused/Respondents Nos. 2 to 5.
2. The petitioner moved an application under Section 22-A of the Cr.P.C. on 24.2.2006, for registration of case against the said respondents before Justice of Peace, Vehari wherein the learned Presiding Officer directed the petitioner to appear before Respondent No. 1, who shall hear the petitioner, record her version and proceed strictly in accordance with law.
3. During the pendency of the said petition, on 27.2.2006, at about 10.15 p.m., the accused/Respondents Nos. 2 to 7, in civil Uniforms, while armed lethal weapons, scaled over the wall of the house of the petitioner and gave severe beating to the women-folk, whereas, during this period, on raising hue and cry, the patrolling police was called, who came at the spot. The said patrolling police informed the S.H.O, Police Station, Machi Wal about the occurrence and also informed him that some Police Officials of his Police Station were creating panic and terror, so they might be refrained to sabotage the public piece and tranquility. The said S.H.O. instead of taking any legal action against the said Police Officials of his Police Station, left the place of occurrence, while threatening the petitioner and inhabitants of the locality with the sinister device that in case any person speaked about the said occurrence, would face the music.
4. Vide order dated 3.4.2006, report was called for from the S.H.O, Police Station, Machi Wali with the direction to submit report & parawise comments within a week, but he did not comply with the said order. On 12.4.2006, for non-compliance of the order of this Court, show-cause notice was issued to the said S.H.O, to explain as to why contempt proceedings be not initiated against him for not complying with the order of this Court and to appear for today to explain his position.
5. Azam Bajwa, Inspector/S.H.O, Police Station, Machi Wal, present in Court, submits that he did not willfully disobey the order of this Court as he was feeling pain in his kidney, so that the needful could not be.
6. In view of the explanation put forth for non-compliance of order of this Court, show-cause notice issued to the said S.H.O, in Criminal Original No. 99-W of 2006, is hereby withdrawn. Criminal original stands disposed of.
7. Shahid Farooq, S.I., Incharge Patrolling Police, P.H.P, Post Ratta Tibba, District Vehari has submitted his report, wherein he endorsed the occurrence. Wajid Zubair A.S.I, present in Court, states that he visited the spot and found one person in civil dress holding police wireless alongwith 2/3 police officials. He inquired about his identification, whereupon. he disclosed that he is A.S.I, of Police Station, Machi Wal and he alongwith Police Officials came over here and whereas, the people of the locality has encircled them, so that they are in a position to communicate with their Police Station, hence, the same may be done in order to facilitate them. Thereafter, he came back with the presumption that the local police had reached the spot, so their presence. at the spot, was not necessary.
8. On Court's query, learned AAG states that not only, the police officials disobeyed the order of this Court but also misused their official power and are liable to be dealt with strictly in accordance with law.
9. Learned counsel for the petitioner states that the said S.H.O. firstly did not comply with the order passed by Justice of Peace, Vehari in order to save the police officials, who caused harassment and threatened the petitioner and her family on the day of occurrence, so, they are liable to be dealt with in accordance with law. Further states that the petitioner and her family had suffered at the hands of the police officials. The petitioner had been deprived of her valuable money and was humiliated. The police officials outraged the modesty of the ladies, therefor, they had violated the right guarantees by the Constitution and they are liable to be dealt with strictly in accordance with law. Their matter may be referred to the concerned District Police Officer for taking disciplinary action against them and they further be not posted in any Police Station, in future, so that they further may not undermine the dignity of the apex Court as well as not to abominate towards humanity.
10. It is a poor state of affairs that the organ of State, which is meant to save guard the rights of the people and to protect the life, liberty and honour of the people; is not performing its duty is accordance with law. As the petitioner has been running from pillar to post to get justice from the Courts, but the respondents/police officials manipulated and polluted the atmosphere in a perfidious manner and in order to quench their demonic thrust and avarice created hurdle in the way of the petitioner not to get her relief from the Court.
11. It is the statutory duty of the S.H.O. to register a case under Section 154 Cr.P.C. on the receipt of information of commission of cognizable offence. He disobeyed the order of Justice of Peace, when he was directed to register the F.I.R. after receiving the application from the petitioner. It is also established on record that the application was submitted by the petitioner but the SILO concerned has not registered the F.I.R,. simply because the accused, nominated in the application, were the police officials of his Police Station.
12.From the facts and circumstances of the case, the negligence on the part of the police is established and they have misused their powers, so the Courts are emblem of dignity and to protect the rights of the citizens and to maintain the scale of justice, which has been enshrined in Constitution as well as Quran in Para-27, Sooray Rehman, "To maintain the scale and not to deprive the people from the right in all conditions".
13. In this view of the matter, this writ petition is allowed with costs. The S.H.O, Police Station, Machi Wal (Respondent No. 1) is directed to register the F.I.R. under Section 154 Cr.P.C.. against the accused/ Respondents Nos. 2 to 5 and proceed strictly in accordance with law; to conclude the investigation within fifteen days and submit his report to the concerned District Police Officer as well as the Deputy Registrar (Judi) of this Court. It is further ordered that the S.H.O, Police Station, Machi Wal is responsible for the misery of the petitioner, therefore, he is burdened with costs throughout and shall pay the same to the petitioner in accordance with law. The learned counsel for the petitioner is directed to submit memo of costs in the office accordingly. Copy of this order be sent to the District Police Officer, Vehari for necessary action.