SALAHUDDIN PANHW AR, J. Through instant petition, the petitioner seeks directions to provide protection to him as well his family members and prays for an inquiry into the matter .
2. Precisely , relevant facts are that the petitioner is working in "Sarfraz Leath Karkhana", situated in Mominabad, Karachi. On 24.03.2018 while the petitioner was present in the karkhana, police officials came and beat the petitioner. On query, the police told that they have to recover stolen articles and also to arrest absconding accused and then took the petitioner to P.S. Mominabad and kept him detained. After sometimes, two police officials in plain clothes came and started beating the petitioner; he then submitted an application to the respondents for redressal of his grievances, but to no avail, hence the petitioner has filed the present petition with following prayers:- a) To issue directives to the Respondents No.2 & 3 to inquire into the matte r and take action against the responsible according to law . b) To direct the Respondents to provide protection to the petitioners and his family/brothers against the harassment caused by the police of ficials. c) Any other efficacious and equitable relief(s) as this Honourable Court may deem fit and proper under the circumstances of this constitution petition.
3. SIP Javaid Akhtar , Respondent No.4, present and filed comments contending therein that the petitioner was called at police station with regard to information of two accused persons, having friendship with petitioner .
Petitioner present contends that he has provided such information, despite of that concerned SHO is causing harassment without any justification. Official present in Court is unable to submit any notice issued by him to the petitioner or any acknowledgment receipt with regard to appearance of petitioner .
4. The admission of the respondent no.4 with regard to calling the petitioner for information which the petitioner claimed to have provided to respondent no.4 prima facie made the respondent No.4 to produce the requisite notice for such purpose which he (respondent No.4 failed. At this juncture, it is pertinent to mention that legally a competent police official always has jurisdiction (right) to call anyone for information or production of documents even while address is under legal obligation to provide such information or documents. Such competence (right) in law has been recognized as lawful authority ? while an act of avoidance ; refusal and preventing have been termed as contempt of lawful authority ?. The Chapter-X of Pakistan Penal Code, 1890 is having heading as "of contempts of the lawful authority of public servant ?. Such acts and omissions have been recognized as offence(s). The term public servant' does includes police officer therefore, competence of a police officer to summon one for information or document is lawful.
5. There can be no denial to the well established principle of administration of justice that an authority would only become lawful if directed procedure is followed because failure to follow procedure may turn a legal act into an illegality . Now, let?s see how the police office is required to exercise such lawful authority . This has been explained in Rule 25.2 (Chapter-XXV) of Police Rules, 1934 as: 25.2. Powers of investigating officers.--(1) The powers and privileges of a police officer making an investigation are detailed in sections 160 to 175, Criminal Procedure Code.
An officer so making an investigation shall invariably issue another in writing inform 25.2(1) to any person summoned to attend such investigation and shall endorse on the copy of the order retained by the person so summoned the date and time of his arrival at, and the date and time of his departure from, the place to which he is summoned. The duplicate of order shall be attached to the case diary.
(2) No avoidable trouble shall be given to any person from whom enquiries are made and no person shall be unnecessarily detained .
There has also been provided a format of notice as: FORM NO.25.2(1)
ORDER TO REQUIRE ATTENDANCE AT INVESTIGA TION UNDER SECTIONS 180 AND 175, CRIMINAL PROCEDURE CODE.
Name son of caste Resident of Whereas the presence of the aforesaid person is necessary for the purpose of enquiry into the of fence reported to have been committed under section _____at Police Station____ therefore the said person is hereby directed to appear before the undersigned at (place____ hour____ date ) there to give such information relating to the said alleged of fence as he may possess.
Signature and Designation of issuing Police Of ficer Date Hour Note:-- ......... mentioned in this order attended on at and was permitted to leave on at_______ at________Dated Signature and Designation of issuing Police Of ficer
6. The above makes it clear that such lawful authority even has not given unbridled powers but brings such officer under a legal obligation to:- i) serve a summon / notice upon such person wherein date, time and place for appearance shall be mentioned; ii) date and time of his arrival as well departure shall be maintained / noted; iii) no avoidable trouble shall be given such person; Having attended to competence of police Official as well his obligation in exercise of such lawful authority, now, I would add here that since it can never be believed that a police officer would necessarily learn about the person, having some information or documents, necessary to unearth a crime therefore, it is always hoped rather believed from every member of a society to come forward in aid of law enforcing agency in achieving the ultimate object i.e bringing a criminal to justice. This obligation has been detailed as Chapter IV of Code (Cr.P.C) which has heading "Of aid and information to the Magistrates, the police and persons making arrests" and such Chapter is consisting upon Section 42, 43, 44 and 45, Cr.P.C. It would be conducive to reproduce Section 44, being relevant, as under:-
44. Public to give information of certain offences . (1) Every person aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Pakistan Penal Code, namely , 121, 121 A, 122, 123,123A, 124, 124A, 125, 125A 126, 130, 143, 144, 145, 147, 148, 153A, 161, 162,163, 164.165. 168,170,231, 232, 255, 302, 303, 304, 304A, 364A, 382, 392, 393, 394, 395 396, 397, 398, 399, 402, 435,436 449, 450, 456, 457. 458, 459, 460 and 489A, shall, in the absence of reasonable excuse , the burden of proving shall lie upon the person so aware, forthwith give information to the nearest Magistrate [Justice of the Peace] or police-of ficer of such commission or intention. (2) For the purposes of this section the term, 'offence' includes any act committ ed at any place out of Pakistan which would constitute an of fence if committed in Pakistan .
7. From above discussion and references of relevant Chapters of the Codes (PPC & Cr.PC) it should no more be confusing that unearthing crimes would always require a good coordination of right and obligation. A failure in establishing faith and confidence in public would not only result in keeping the police officials wondering in search of assistance but would also leave a door opened for criminals to take role of helper thereby threatening the concept of society even. This concept has elaborately been detailed in Chapter XXI of Police Rules. Without a direct reference thereto the lust of subject would never find satisfaction, hence the same is referred hereunder:- Prevention and detective organization:-- The criminal of law in (Pakistan) and the police organization , which is based upon it, are both founded on the principle that public order depends essentially upon the responsibility of every member of the community within he law to prevent offences and to arrest offenders. The magisterial and police organization is set up to enforce, control and assist this general responsibility . This fundamental principle must be thoroughly understood and borne constantly in mind by police officers of all ranks, but more especially by gazetted of ficers and upper subordinates.
Instructions as to the general relations between police officers and magistrates are contained in Chapter 1 of these Rules and some further detailed instructions are placed in this chapter . The ideal to be aimed at in respect of relations with the public is that every police officer , of whatever rank, should be regarded by every law- abiding person as a wise and impartial friend and a protector against injury to his person and property . In proportion as this ideal is approached, the police will receive the information and assistance which they need, in order to combat crime successfully . When confidence and co-operation are lacking, private persons and village officials escort to connivance at crime and to seeki ng redress for their own losses through threat with criminals; the police are isolated in their efforts to prevent and detect offences, and can hope for but a small measure of success.
The proper relations between the police and the public in a district depend primarily upon the personal attitude of the Superintendent, and the example set by him and enforced upon his subordinates. The most important duties of a Superintendent are to know the people of his district and to know what his subordinates are doing. Such knowledge can only be gained by the fullest personal accessibility, activity in touring, thorough and intelligent supervision and a sympathetic interest in the life of the district and the facts and difficulties of the work of his own men. He must inspire confidence in his subordinates , as well as in the public. While alert to check tyranny, dishonestly and other abuses by his subordinates, he must be accessible to them as to non-officials, and ready at all times to help them in their difficulties and support them against the evil influences, which they have to face.
This should be the attitude of all supervising officers. They should ensure direct access to themselves impeded by their subordinates, and must be ready to give a patient hearing to all complaints and grievances, but must avoid creating any impression of spying, which would destroy the confidence and undermine the authority of their officers.
8. Reverting to merits of the instant case what came out on surface is that a lawful authority not found to have been exercised in accordance with law which resulted into a complaint of harassment. The term harassment means a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of his safety.
Police officials, being bound by law, are never supposed to adopt such a course rather their every action is expected to be well within strictly drawn four corners of law. If the police officials continue in such manner it shall result what has been mentioned in the Chapter XXI as: "...When confidence and co-operation are lacking , private persons and village officials escort to connivance at crime and to seeking redress for their own losses through threat with criminals ; the police are isolated in their efforts to prevent and detect of fences, and can hope for but a small measure of success "
This cannot be allowed to hold the field as it may result in collapsing the concept of safety which otherwise is the soul of every society .
9. Accordingly , police officers are directed that in such type of cases a notice in writing shall be provided to the concerned person (citizen), notice shall include the details of inquiry /investig ation and on due appearance acknowledgment receipt shall be given to that citizen, such record shall be kept by every police station separately .
Therefore, it is hoped rather expected that ultimate supervisory authority of every District i.e 'Senior Superintendent of Police ? to: i) know the people of his district and to know what his subordinates are doing; ii) by conducting meeting and attending grievances of public in this regard; iii) by taking legal action against any guilty official; iv) by educating of ficials to follow the procedure; This shall develop a proper relation between police and public which would materially help the police in combating the crime and criminal elements.
10. Besides, since the petitioner has also claimed to have provided required information about his friends therefore, I would not go in determining bona fide of respondent No.4 in calling the petitioner for such purpose but would prefer to leave it open for Sr. Superintendent of Police (respondent No.3 ) to examine, if is moved by petitioner. However, no harassment on the pretext of inquiry or information shall be caused, which may cause mental agony to the citizen however if an assistance is found necessary then proper procedure shall be followed.
11. In view of above, instant petition is disposed of. IGP Sindh shall ensure that from now on every single police official shall follow the procedure and a lawful authority be not allowed to be turned into harassment or an illegality and comply with para-9 of this order . Moreover , a refresher of Chapter-XXV of Police Rules as well Chapter XIV of Code (Cr.PC) be circulated at all police stations thereby hammering the investigating officers of their authority and obligations. This order is complied with in its letter and spirit in whole Province with compliance report within 15 days.