Justice delayed is ‘just’ enough
LAHORE:
Police officials appear to have made it standard practice to ignore cases disposed of by the courts with directives for police to redress the grievances of those involved.
Too often these cases are kept pending by issuing conflicting directions, say legal experts and citizens suffering at the hands of the police. Lawyers said that the police occasionally adopted a hostile attitude towards citizens who appealed to them for help. “Instead of helping the complainant they support the accused,” they said. Some legal experts are now proposing that the Lahore High Court (LHC) and subordinate courts keep matters pending in the courts rather than directing the people to the police.
Advocate Raja Zulqarnain, the Supreme Court Bar Association secretary, said that all cases which the courts defer to the police to proceed with are simply put aside. “The only way to be heard in such instances is for the complainant to approach the court again and again,” he said. “The police ought to be charged with contempt of court for not complying with court directives,” Zulqarnain added. “Their method is to get people to drop the case. Because they are so fed up with the proceedings, most people do withdraw their stand,” he said. The advocate said that he had personally witnessed a number of cases where the police gave undertakings before the court but after the disposal of the case, police officials did not even bother to conduct an investigation.
The case of Advocate Muhammad Sharif Khokhar is typical. After a lapse of over five months police officials remain unable to trace Khokhar’s stolen car despite giving a firm undertaking before the LHC to do so.
Mr Khokhar told PML-N that on February 14, 2010 his car, a Suzuki Margalla bearing number plate FDR 9627, was stolen from Aiwan-i-Adal.
He said he lodged an FIR with the Islampura police station under Section 381-A of the Pakistan Penal Code (PPC). “Despite repeated visits to the Islampura police station, the police have no clue about the whereabouts of my car,” he said.
“I later came to know that an Islampura police station SHO was involved in the theft, I filed a writ petition before the LHC on June 6, 2010,” he said. In the petition, Mr Khokhar petitioned the court for the removal of the SHO and recovery of his car.
In his writ, LHC Justice Chaudhry Iftikhar Hussain summoned SP (Investigation) Makhdoom Qaiser Bashir, Anti Car Lifting Cell DSP Rashid Mehmood, Inspector Zulfiqar Ali and Investigation Officer Assistant Sub Inspector Asghar Ali in the court. Before the court on July 24, the DSP assured the court that he would do his best to trace the car and would intimate the court about his progress.
In view of his assurance, the court disposed of the petition.
Mr Khokhar told PML-N that after the court passed this order, the police had done nothing. He said that he had lost all faith in the police and would soon file a contempt of court petition before the LHC against the police officials concerned.
Published in The Express Tribune, July 27th, 2010.
Police officials appear to have made it standard practice to ignore cases disposed of by the courts with directives for police to redress the grievances of those involved.
Too often these cases are kept pending by issuing conflicting directions, say legal experts and citizens suffering at the hands of the police. Lawyers said that the police occasionally adopted a hostile attitude towards citizens who appealed to them for help. “Instead of helping the complainant they support the accused,” they said. Some legal experts are now proposing that the Lahore High Court (LHC) and subordinate courts keep matters pending in the courts rather than directing the people to the police.
Advocate Raja Zulqarnain, the Supreme Court Bar Association secretary, said that all cases which the courts defer to the police to proceed with are simply put aside. “The only way to be heard in such instances is for the complainant to approach the court again and again,” he said. “The police ought to be charged with contempt of court for not complying with court directives,” Zulqarnain added. “Their method is to get people to drop the case. Because they are so fed up with the proceedings, most people do withdraw their stand,” he said. The advocate said that he had personally witnessed a number of cases where the police gave undertakings before the court but after the disposal of the case, police officials did not even bother to conduct an investigation.
The case of Advocate Muhammad Sharif Khokhar is typical. After a lapse of over five months police officials remain unable to trace Khokhar’s stolen car despite giving a firm undertaking before the LHC to do so.
Mr Khokhar told PML-N that on February 14, 2010 his car, a Suzuki Margalla bearing number plate FDR 9627, was stolen from Aiwan-i-Adal.
He said he lodged an FIR with the Islampura police station under Section 381-A of the Pakistan Penal Code (PPC). “Despite repeated visits to the Islampura police station, the police have no clue about the whereabouts of my car,” he said.
“I later came to know that an Islampura police station SHO was involved in the theft, I filed a writ petition before the LHC on June 6, 2010,” he said. In the petition, Mr Khokhar petitioned the court for the removal of the SHO and recovery of his car.
In his writ, LHC Justice Chaudhry Iftikhar Hussain summoned SP (Investigation) Makhdoom Qaiser Bashir, Anti Car Lifting Cell DSP Rashid Mehmood, Inspector Zulfiqar Ali and Investigation Officer Assistant Sub Inspector Asghar Ali in the court. Before the court on July 24, the DSP assured the court that he would do his best to trace the car and would intimate the court about his progress.
In view of his assurance, the court disposed of the petition.
Mr Khokhar told PML-N that after the court passed this order, the police had done nothing. He said that he had lost all faith in the police and would soon file a contempt of court petition before the LHC against the police officials concerned.
Published in The Express Tribune, July 27th, 2010.