Model Town FIR lodged by police allows wriggle room for Nawaz, Shahbaz

Published: August 29, 2014
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The clashes between PAT supporters and police in Model Town on June 17 had left at least 14 people dead and over 80injured. PHOTO: MEHMOOD QURESHI/EXPRESS

The clashes between PAT supporters and police in Model Town on June 17 had left at least 14 people dead and over 80injured. PHOTO: MEHMOOD QURESHI/EXPRESS

LAHORE: The Lahore police on Thursday, utilising its ‘discretionary powers’ filed First Information Report (FIR) in such a way that Prime Minister Nawaz Sharif and Punjab Chief Minister Shahbaz Sharif have been spared from either joining the investigation or being immediately arrested, The Express Tribune has learnt.  

Citing court orders in the six-page FIR, which was rejected by Pakistan Awami Tehreek (PAT) chief, the police maintained that “the registration of FIR against the petitioners (federal ministers) shall not prove their guilt till a decision by court of competent jurisdiction. It cannot be used as substantive piece of evidence against any accused unless proved in accordance with law. ”

The police exploited legal opinions to give a clean-chit to the prime minister, chief minister Punjab, federal minister and some other high profile dignitaries in the FIR, even as it made the Lahore High Court orders a part of the FIR.

The last line of the third page of the FIR states that orders from the sessions court regarding initiation of case against the accused and several other unknown was received. This was then sent for legal opinon, as per law.

The legal aide in his opinion, also part of the FIR (which is an abnormal activity), said that they had reviewed reports and documents from SP Model Town division, Lahore.

“As per report of SHO PS Faisal Town Lahore, duly forwarded by DSP/ SDPO Garden Town, a case, FIR No 510/14 under sections 302/324/186/353/148/149/34/290/291/427/506-B/109 of PPC, section 7 of ATA and sections 13/20/65 AO, PS Faisal Town Lahore was registered on June 17 on the complaint of inspector Rizwan Qadir Hashmi, the then SHO PS Faisal Town, Lahore.

It further says that on June 19, 2014, when the application submitted by Jawad Hamid was received, it was attached with the relevant case file of the FIR no 510/14. Later, the investigation of case was entrusted to a JIT.”

In the FIR registered on Thursday, the police used some operative parts of the court orders in the FIR, to its advantage. SHO Faisal Town Muhammad Shareef Sindhu noted in the fourth page of the FIR -written specially in English- that the applicant (Jawad Hamid) had received orders from the Additional Sessions Judge dated, August 14. They stated that “in view of the above discussions, the application in hand is hereby accepted and respondent (SHO Faisal Town) is directed to register the FIR on the application of the petitioner and then to proceed in accordance with law in the investigation.”

The SHO further noted in the FIR the court order passed on August 26 by the LHC upon writ petition No 2,2661 of 2014. The operative part of the order included in the FIR was paragraph six of the order, which reads “Purpose and object of recording FIR is to set the criminal laws in motion and to obtain first hand information of occurrence in order to exclude possibility of fabrication of story or consultation or deliberation and safeguard the accused of such like happening.

“Thus the registration of FIR against the petitioners (three federal ministers) shall not prove their guilt till decision by court of competent jurisdiction. It cannot be used as substantive piece of evidence against any accused unless proved in accordance with law. ”

Paragraph eight of the LHC order has also been mentioned in the FIR. It reads “arrest of a suspect or accused is not necessary during the course of investigation and the general impression in the regard is misconceived because a person named in the FIR is not to be arrested straightaway upon registration of FIR or as a matter of course unless there is sufficient incriminating evidence regarding culpability of accused. The arrest of accused is to be deferred till the availability of incriminating evidence in order to satisfy the investigation officer regarding correctness of allegations leveled by the complainant against person named in the crime report.”

The police, by adding these extracts of the LHC judgment, has not only exempted the high profile accused from arrests, but has also made sure that if they are asked to join investigation without proving their guilt, it would be considered contempt of court.

The SHO Faisal Town has further noted in the FIR that as per contents of the application submitted by the complainant, Hamid, sections 302, 324, 148, 149, 427, 506, 395, 109 of the Pakistan penal code and 155-c of police order 2002 are being attached, but stated that in view of the facts and circumstances of the case, the orders of the justice of peace and the LHC were very clear and should be implemented in letter and spirit.

According to legal experts and senior police officers, the legal opinion sought  by police in any case is to ascertain if an FIR can be lodged in the light of the contents of the complaint by the aggrieved party and/or to determine the relevant sections that shall be attracted in the FIR (If at all, it may be lodged). A senior police official told The Express Tribune that modus operandi of the police is that after the legal opinion is obtained by them; it is not made a part of the FIR and is considered as an internal correspondence document only.

The SHO Faisal Town has further noted in the FIR that as per contents of the application submitted by the complainant, Hamid, sections 302, 324, 148, 149, 427, 506, 395, 109 of the Pakistan penal code and 155-c of police order 2002 are being attached, but stated that in view of the facts and circumstances of the case, the orders of the justice of peace and the LHC were very clear and should be implemented in letter and spirit.

According to legal experts and senior police officers, the legal opinion sought  by police in any case is to ascertain if an FIR can be lodged in the light of the contents included by the complaint, or to determine the relevant sections that shall be attracted in the FIR (If at all, it may be lodged).

A senior police official though told The Express Tribune that the police, after seeking legal opinion, it is not made a part of the FIR and is considered as an internal correspondence document only.

Similarly, court orders are not made part of the FIR and the FIR is only based on the application filed by the complainant.

However, in this specific ‘high profile case’ the police’s top brass and legal eagles of the government, to find a middle way out, has made the legal opinion as well extracts of the court order, as part of the FIR.

Copy of FIR

Below is a copy of the FIR registered by the police on Thursday in the Model Town incident.

 

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Reader Comments (20)

  • Yatagan
    Aug 29, 2014 - 3:33AM

    Poor Nawaz and his cronies …

    Recommend

  • ayesha
    Aug 29, 2014 - 8:29AM

    This is a sham FIR. Disgraceful mockery of rule of law for ordinary citizens vs Shareef khandan.

    Recommend

  • imran ali
    Aug 29, 2014 - 9:12AM

    nothing will help the tug brothers ….

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  • Imran Qadri
    Aug 29, 2014 - 9:36AM

    Just because Musharraf was a military dictator on 12th may 2007 (when 50 people were gunned down in Karachi and Musharraf was waving his fist in the air and claiming that he had shown his force and might in Karachi), even no case have so far been registered against him for 12 may killings although he directly owned the Karachi killings so does this prove that there are different set of rules for military rulers and civilian rulers?

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  • AIR
    Aug 29, 2014 - 9:45AM

    Its end of NAWAZ era

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  • Aug 29, 2014 - 9:49AM

    This is the another face of typical brazen and blatant Pakistani deceit and treachery.
    The British left a legacy and our landed class has maintained, strengthened, and bolstered it so much that the stakes of Independence are at risk.
    There is nobody to remove these mischief makers except the army and It must recognize this As a PRIORITY and do JUSTICE EXPEDITIOUSLY. Salams

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  • Mahmood Ali
    Aug 29, 2014 - 9:58AM

    Another disgraceful try to make Army once again “MAMOO” by Mian Bradran.

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  • Pakistani
    Aug 29, 2014 - 9:59AM

    There is only one thing to say to NS&Co. / PMLN supporters……..hahahhahhahahaha

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  • Imran Qadri
    Aug 29, 2014 - 10:04AM

    Just because Musharraf was a military dictator on 12th may 2007 (when 50 people were gunned down in Karachi and Musharraf was waving his fist in the air and claiming that he had shown his force in Karachi), even no case have so far been registered against him although he directly owned the Karachi killings so does this prove that there are different set of rules for military rulers and civilian rulers?Recommend

  • Parvez
    Aug 29, 2014 - 10:25AM

    Our law enforcement and our judiciary are a ……. DISGRACE .Recommend

  • Karachiwala
    Aug 29, 2014 - 11:17AM

    There is no waldiat shown of the accuse-es where police never miss that, is that normal in the FIR ???

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  • KK Kool
    Aug 29, 2014 - 11:31AM

    I wish to see a day when our police stopped licking the shoes of corrupt politicians and stand by law. Shame on IG and DIG Pinjab who do not have morality to stand tall and direct their subordinates to be upright. A day will soon come when these politicians will task policeman to clean their toilets. ET please publish this. Police morality may awake after reading such comments. But I don’t think so they have an iota of shame what to talk of morality. IG Punjab go and lick b**ls of your masters.

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  • Libra
    Aug 29, 2014 - 12:24PM

    Culprits and accused must be immediately arrested as done in case of all ordinary citizens. Where is constitution and rule of law. Why supreme court does not take a sou-motto in this case to get all accused arrested immediately.

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  • MA
    Aug 29, 2014 - 12:36PM

    this twisted FIR again validates TUQ’s refusal to accept it. It now shows that Shahbaz Shareef and his cronies are indeed involved the murder of innocent Pakistanis.

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  • Ajmal Abbas
    Aug 29, 2014 - 12:54PM

    This is a good acheivement by Qadri Group

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  • Rabia Rahman
    Aug 29, 2014 - 1:36PM

    How convenient Recommend

  • Taimur
    Aug 29, 2014 - 2:32PM

    No one dare to think that the FIR has been registered on the demand of poor and middle class people of Pakistan. It has only been registered when powerful people of Pakistan allowed it. Police do register FIRs by poor and middle class people of Pakistan happily not to provide justice to them but to make ‘clients’ for ‘Razaq e Hilal’ in the form of complainant and complainee

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  • oBSERVER
    Aug 29, 2014 - 3:24PM

    Sharif duo during their tenures in Punjab enrolled criminals throughout Punjab especially in major cities to coerse public to follow PML N policies mostly wrong ones.Recent events have amply revealed this.This gang of criminals were also enrolled in the Police enmass and is commanded by the last CCPO Shafique Gujjar who is now OSD but fully active.

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  • roarwali
    Aug 30, 2014 - 4:25PM

    One more reason to get rid of shareefs’ kingdom

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  • Lt Col Imtiaz Alam(retd)
    Aug 30, 2014 - 5:41PM

    The Bureaucracy & Police must be A-Political. Truth will prevail In Sha Allah.Recommend

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