F.I.R. No, 81 of 1999, dated 22-10-1999 has been registered at Police Station Railway, Multan, alleging therein that the petitioner Abdul Majeed had submitted false particulars/degrees and had thereby procured employment as a railway servant. The petitioner has an objection to the jurisdiction of the railway police to register the case and to investigate the same.
' Learned counsel for the petitioner has referred to the provisions of the Pakistan Railways Police Act, 1977. The relevant provisions specifying the powers and functions of the railway police are set out in section 3 of the said Statute. The relevant part of the same reproduced below:--- "3. Power to constitute, control and maintain the Pakistan Railways Police and its functions.---(1)
Notwithstanding anything contained in any other law for the time being in force, the Federal Government may constitute, control and maintain a force to be called the Pakistan Railways Police for performing, within such territorial limit as the Federal Government may, by notification in the official Gazette, specify the following functions, namely:--
(a) general maintenance of law and order on the Railways and taking cognizance of offences committed on them.
' The term "railway" has been defined in section 2(j) of the aforesaid Act as follows:-- "2. Definitions.--- In this Act unless there is anything repugnant in the subject or context,
(a) ..
(b) .
(c) ..
(d) ..
(e)
(g)
(h)
(j) 'Railway,' means railway as defined in the Railways Act, 1890 (IX of 1890), including rolling stock as defined in the said Act but excluding-- (ii).
3. Since the aforesaid definition has been made by reference to the definition of "railway" contained in the Pakistan Railways Act, 1890, the same is also relevant for the purpose of the disposal of the present petition. Section 3(4) of the Railways' Act, 1890 provides as under:- "3. Definitions.--- In this Act unless there is something repugnant in the subject or context---
(4) 'railway' means a railway, or any portion of a railway, for the public carriage of passengers, animals or goods, and includes-- all stations offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery and other works constructed for the purposes, of or in connection with a railway and 'railway servant' means any person employed by a railway administration in connection with the service of a railway ...."
' Learned counsel for the railways pointed out that in view of the foregoing definitions, the offences committed by the petitioner, as alleged in the F.I.R. Fell within the purview of section 3(c) of the Pakistan Railways Police Act, 1977. I am afraid this contention is not well-founded.
As specified in the two statutes, referred to above, the word "railway" has a specific meaning and relates to the physical and tangible assets owned by a railway company. The provisions of section 3 of the Pakistan Railways Police Act and, particularly, subsection (c) thereof relates to the maintenance of law and order on the railways and taking cognizance of offences committed on them. In the context of the statutory definition reproduced above the offence and the maintenance of law and order would relate to the physical assets of the respondent Railway. The offence, allegedly committed by the petitioner, does not constitute an offence committed on the railways nor does it relate to the general maintenance of law and order on the railways.
6. I also note that railway servant has also been defined in the Railway Act, 1890. Had it been intended to empower the railway police to take cognizance of offence relating to railway servants, of the nature alleged in the F.I.R. No,81 of 1999, the wording of section 3 of the Pakistan Railways Police Act, 1977 could have so provided. In the absence of any such provision in the Pakistan Railway Act, 1977, it is evident that the offence, alleged against the petitioner, is not one which falls within the purview of the railways police.
7. Learned counsel appearing for the railways referred to the provisions of section 9 of the Pakistan Railways Police Act to argue that the competent functionaries of the railways had been duly authorized to initiate proceedings against railway employees. This may be so. However, in view of the foregoing discussion, the exercise of powers by the functionaries of railways pursuant to section 9 of the Pakistan Railways Police Act, would first of all, have to fall within the ambit of the provisions of section 3 of the said statute. As held above, in the present case the allegations against the petitioner does not fall within such ambit.
8. In these circumstances, the present petition is allowed and the F.I.R. No,81 of 1999, dated 22-10- 1999 registered at Police Station Railway, Multan is quashed.
9. This order, however, shall not preclude the railways administration from initiating any proceedings against the petitioner in accordance with any applicable law. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.