Social Injustice

(Karamat Hussain Janjua, Islamabad)

In spite of various precedents of the higher judiciary including august Supreme Court of Pakistan, whenever a cognizable offence is reported to the Police verbally or through a written application, Station House Officer is bound to register the case without veracity of the allegations leveled in the verbal statement or written application. Thereafter Station House Officer is bound to either investigate himself or through his nominated police officer. In schedule II of the Code of Criminal Procedure, 1898 cases of murder, hurts, rape, unnatural offences, theft, dacoity, kidnapping and extortion etcetera are cognizable offences where police can arrest without warrant issued by the Magistrate and investigate and is empowered to either discharge the accused persons nominated in the First Information Report or to send them in Court to face trial after completion of the investigation and submission of Charge Sheet (Challan) in Court.

During British era, Station House Officer never ever refused to register the cases in cognizable offences and thereafter the matter had to be investigated. But with the passage of time, everything has been changed enormously. After the matter in cognizable offences is brought to notice of the local Police in whole Punjab and Federal Capital, the concerned police officer in almost all cases demands illegal gratification. If the informer is ready to pay the same, the accused party is called in the Police Station. In case the accused persons are rich enough, the complainant of the case is pressurized to compromise the matter. Both sides have to pay the illegal gratification. Now there is bid between the complainant and the accused person. It is upon sweet-will of the SHO to either register the case or refuse to register the same which entirely depends upon the bid of the parties, even in genuine cases.

During this tug of war among the complainant, accused person(s) and police, usually the complainant last a lot of time. Evidence is generally tampered in favour of one party. The parties are directed to take special oath on Holy Quran on each and every aspect of the case. Although the august Supreme Court of Pakistan and the High Courts of the country have declared such like special oaths on Holy Quran as illegal in numerous cases.

In the case of honour, usually the complainant become more weaker and submit to demands of the police in many cases. Under the law, the police is not bound to arrest in each and every case. But because of lack of accountability and fear of the police felt by the poor men of the country, the cases are not reported any further and die their own death in Police Station.

Only powerful and rich persons are able to lodge their FIRs. Usually such like occurrences are not occurred in powerful and rich families as no one has dare to challenge them easily. Only haves not are being deprived from their lives, honour and properties. The example can be quoted of the recent occurrence in Lahore by a powerful political figure in a guest house in Lahore.

This is just one of the many manifestations of our deeply flawed criminal justice system which commenced from Police Stations and Police Posts. Arresting those responsible and punishing them is indeed what justice demands. It is high time we pursue the state to address the root causes of not only such like incidents but all injustices stemming from a faltering criminal justice system.
 
Such cruel and backward conduct is not confined to rural areas alone but also in urban areas as well.

With no accountability mechanism, day to day violations of the rights of innocent citizens who are deprived from their life, property and honour not only go unreported but also unpunished because of illegal gratification which they could not pay to seek justice. No mechanism exists at either the federal or provincial level to hold such like corrupt police officers. Even the high-ups of Police also shelter such like inactions of their subordinates.
The legislature has to promulgate law to save the public from atrocities being committed by the Police. Legislation is to be made more clear on the point whenever any matter is reported disclosing a cognizable offence, Station House Officer is bound to register the First Information Report whatever its outcome might be. In case Station House Officer fails to register the case in cognizable offences, he should be punished and should be removed from service. More than half of the problems would be solved in our country.

So long as police is not made accountable and a specific punishment is not enforced , the poor men are bound to suffer irreparably and beyond measures on each passing day .
 

Karamat Hussain Janjua
About the Author: Karamat Hussain Janjua Read More Articles by Karamat Hussain Janjua: 14 Articles with 15202 views I am an Advocate High Court and Federal Shariat Court of Pakistan based at Rawalpindi/Islamabad Pakistan. .. View More