Pakistan
Justice Athar Minallah says delay or refusal in registering cases ‘a constitutional violation’
ISLAMABAD (Dunya News) – In a landmark ruling, the Supreme Court of Pakistan has ordered that police cannot delay or refuse the registration of First Information Reports (FIRs) in cases involving cognizable offenses.
The 30-page decision, written by Justice Athar Minallah, criticises the widespread issue of delayed FIRs, particularly in Sindh.
The case involved Seeta Ram, accused of killing Chandar Kumar in 2018.
The court overturned his conviction due to a lack of evidence and noted that, despite prompt reporting by the complainant, the FIR was lodged two days later. The SHO admitted to noting the report in the daily log but failed to register the FIR on time.
Justice Minallah wrote that timely FIR registration is a legal obligation, not a choice.
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Delays affect both victims and the accused, leading to the loss of evidence and wrongful implication. The ruling emphasises that the police must act in accordance with their constitutional responsibilities and cannot serve only the interests of the powerful.
The court rejected justifications offered by Sindh authorities, including cultural customs and reconciliation attempts.
It labeled such practices as unconstitutional.
Calling the trend “alarming,” the court warned against the emergence of a police state and insisted on shifting toward a constitutional rule of law.
The judgment directed all provincial police chiefs to enforce legal compliance and instructed Prosecutor Generals to draft SOPs to restore public trust.
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