96 FIRs registered under Anti Terrorism Act in 2011 were bogus

Addl IG says wrongly implicating rivals is ‘common’.

LAHORE:

Terrorism charges in 96 out of a total of 609 FIRs registered in 2011 under the Anti Terrorism Act (ATA), 1997, were dropped during investigation for wrongful implication and crimes not fit for prosecution under the ATA.

According to the summary of anti-terrorism cases obtained by The Express Tribune, 22 cases of bomb blasts and suicide attacks, 216 cases of kidnapping for ransom, 101 cases of police encounter, 16 cases of multiple murder, 20 cases of murder, 34 cases of acid throwing and 200 other cases were registered.

Of these 372 were referred for prosecution, 142 are still at the investigation stage and no headway has been made in 17 cases.

Men nominated in two of 22 bomb blast cases were found to have been wrongly implicated. Terrorism charges in 39 out of 216 kidnapping for ransom cases, 2 out of 101 cases of police encounter, 3 out of 34 cases of acid throwing and 21 out of 200 cases of other nature were also dropped after police determined during investigation that the charges filed were false.

Out of the 22 bomb blast cases, one was declared unfit for prosecution under the ATA. 10 out of 216 cases of kidnapping for ransom 10 cases, 12 out of 101 police encounter cases, one out of 16 cases of multiple murders, five out of 200 cases of other nature registered under the ATA met the same fate.

Additional Inspector General of Police (Investigation Branch) Muhammad Aslam Tareen while talking to The Express Tribune said that wrongful implication was not uncommon.

“Two sections of the Pakistan Penal Code (PPC), 182 and 211, deal with the offence of false complaints,” Tareen said. He, however, could not provide any data regarding legal proceedings against the complainants who had lodged false charges.

He said that the only practical solution to registration of false FIRs was introduction of major amendments in the existing laws.

Section 211 of the PPC:
False information with intent to cause public servant to use his lawful power to the injury of another person reads -Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant :-

(a)    to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b)    to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to [three thousand rupees], or with both.

Section 211 of the PPC:

False charge of offence made with intent to injure - Whoever with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed as offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both, and if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 

Published in The Express Tribune, January 20^th, 2012.