ISLAMABAD, March 22: The supreme court of Pakistan has held that the delay in the submission of challans in courts by the police was a major reason for the worsening law and order situation in the country, and the government without proper check on the police’s powers, shifts the burden of delay on courts.

Justice Mohammad Nawaz Abbasi, writing for three judges bench observed: “Without proper check and restraint on the powers of the police officials ... it is shifted to the court to be held responsible for the delay in disposal of cases.” The other members of the bench were Justice Javed Iqbal and Justice Tanvir Ahmad Khan.

The court noted that under section 173 of Cr P.C. the police was required to complete the investigation and submit the final report within 14 days.

If the investigation were completed within this time, the officer in charge of the police station should submit an interim report to enable the court to take essential steps for the commencement of the trial, the court noted.

The court observed that non-observance of the above direction of law was one of the major reasons of the law and order breakdown and delay in the disposal of cases by the courts.

The apex court noted that the tendency was that without proper check and restraint on the powers of the police officials in locating the fault in the public functionaries the burden of negligence and inefficiency of police was placed either on the shoulders of innocent people at the cost of public time and exchequer or it was shifted to the court to be held responsible for the delay in the disposal of cases.

The court noted that the delay in the submission of challan by one year in the present case was without legal justification, and would amount to delay in the disposal of cases by the courts and the curtailment of liberty of persons involved in such cases through abuse of the process of law.

The petitioner, Subhan Khan, was arrested on charges of possessing 250 grams of hashish. He was thrown into jail, but when a magistrate visited him in the jail, he granted him bail. The bail was however, rejected by the LHC on the ground that it was the right of the high court and not that of the magistrate to grant bail. The supreme court granted him Rs50,000 bail.

The apex court directed the concerned quarters in the ministry of interior in the federal government and home departments in the provincial governments to take essential steps to ensure that unnecessary delay in the submission of final reports under Section 173 of the CrPC in criminal cases was avoided and investigation agencies were not allowed to sit beyond the normal period prescribed under the law without legal excuse.

The court stated if the delay was the resulted of negligence of the police the competent authority must proceed against such an official for appropriate action under the relevant rules.