While disposing of Writ Petition No, 14165 of 2002 the order passed by this Court dated 10.12.2002 was as under:-- "Petitioner Ch. Wazir Ali and injured named Ishtiaq Wazir Ali are in attendance. Petitioner states that the police employees while apprehending Ishtiaq Wazir Ali broke the legs of Ishtiaq Wazir Ali by assaulting and giving physical beating. Ishtiaq Wazir Ali injured submits that his legs were broken by the police employees. It is settled that the petitioner should provide copy of this writ petition to SSP, Gujranwala who shall proceed in the matter strictly in accordance with law and if there appears commission of a cognizable offence he shall direct his subordinate functionaries of concerned-Police Station to register the case keeping in view the provisions of Section 154 Cr.P.C. and he shall ensure fair and honest investigation and in case the allegations in this petition are found false, criminal case against the police employees could be cancelled and proceedings against the complainant could be initiated in accordance with law."
2. When no action was taken by the competent authority to redress the grievance of the petitioner, he filed Criminal Original No, 13-W/2003 and same was disposed of in the following terms:--
1. "Learned Addl. A.G. assures that if the petitioner has a contact with the S.S.P. Gujranwala he shall look into the matter and comply with the order dated 10.12.2002 passed by this Court on which learned counsel for the petitioner states that the petitioner shall approach the SSP Gujranwala as and when he is directed in this regard and at present he does not press this petition.
2. In view of the above the petitioner is directed to appear before the SSP Gujranwala on 25.2.2003.
Disposed of as having not been pressed."
3. But in stead of registration of the case SSP Gujranwala was directed for the inquiry to be conducted in the matter.
Learned counsel submits that SSP Gujranwala was clearly directed to register the case and if the complaint made by the petitioner is found false the case can be cancelled and proceedings may be initiated against the petitioner. Therefore, in view of above circumstances when the case at the instance of the petitioner could not be registered it reflects on the conduct of the respondent which is clearly contempt of this Court and being so the proceedings should be initiated against the respondent.
The report and parawise comments sent by District Police Officer Gujranwala in connection with Criminal Original No, 406-W/2003 and Writ Petition No, 14165/2002, are on the record wherein non- compliance of the order dated 10.12.2002 passed by this Court has been denied and it has been intimated that the contention raised by the petitioner was got examined through Senior Police Officer and he is of the view that although prima facie from the contents of writ petition(mentioned above) the cognizable offence was found to be committed by Respondents Nos, 3 to 11 but the ground position was altogether different, therefore, in order to meet the ends of justice there was no alternative except to inquire into the allegation as provided under Sec. 157(1) Cr.P.C. and this effort on his part would reveal that he has fully complied with the orders of this Court.
4. This report sent by the respondent further indicates that Muhammad Mansha ASI and other police employees conducted the raid at Arain Filling Station Noshehra Virkan District Gujranwala, on 27.7.2002 for arrest of Ishtiaq Wazir Ali in the case bearing FIR No, 196/2002 who is son of the petitioner but feeling apprehension of arrival of the police Ishtiaq Wazir Ali made an attempt to escape by scaling over the wall of the Petrol Pump as a result of which he fell down and sustained injuries as mentioned in the medico-legal report. It is further indicated that Ishtiaq Wazir Ali was taken to Rural Health Center wherefrom he was shifted to District Headquarter's Hospital and because of his injured condition the arrest was postponed by the police in the said case, but after the recovery, Ishtiaq Wazir Ali again absconded and is still at large.
Perhaps the raid was to be conducted at the Petrol Pump because non-bailable warrants obtained from the Court of Mr. Abdul Ghafoor Chaudhry, Special Magistrate Noshehra Virkan were to be executed. It is quite astonishing that Ishtiaq Wazir Ali despite being in the custody of the local police after his availability in injured condition again succeeded to escape and he is still at large. This report sent by the respondent reflects on the efficiency of the police employees avoidence to redress the grievance of the aggrieved person and the aggressive attitude of the sub-ordinate staff in the police department.
5. Whereas the legal course is to proceed in the matter under Sec. 154 Cr.P.C. as and when an information about the commission of a cognizable offence is provided. Injuries on the person of Ishtiaq Wazir Ali have not been denied, therefore, first of all the local police shall proceed in the matter under Sec. 154 Cr.P.C. and, thereafter, if the information provided by the complainant is found false, the case should be cancelled and proceedings against him be initiated in accordance with law as directed in the order dated 10.12.2002 passed by this Court.
6. In case of non-compliance of this order the proceedings under Contempt of Courts Act, 1976 may be initiated.
With these directions this petition stands disposed of. 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.