LAHORE: Police can't enter house without magistrate's permission
By Our Correspondent
LAHORE, July 14: The Lahore High Court has ruled that police cannot enter a house without the permission of a magistrate even for taking cognizance of commission of an offence like gambling.
Allowing a writ petition, Justice Abdur Rashid Sheikh held that police were competent to take action and register a case if gambling was going on at a public place, like a street or thoroughfare.
But police had no authority, as provided under Section 5 of the Punjab Prevention of Gambling Ordinance of 1978, to enter a house for taking cognizance of the gambling offence, he observed.
The court ruled that a criminal case registered in violation of the law, could stand no legal ground. As for the ordinance, the court observed that police could not take cognizance of any gambling offence being committed inside a house, a room, a tent, an enclosure or other private place as this would amount to violating the sanctity of privacy.
Petitioner Tariq Mahmood Butt of Gumti Bazaar submitted that a police party of Lohari Gate, headed by Sub-Inspector Mohammad Hayat, raided his house in February this year on the pretext of searching a proclaimed offender.
On failure in finding the offender, police registered a case against him under the gambling act and also took away Rs228,700 and other valuables on the charge that it was the stake money and some people in the house were involved in gambling.
The court quashed the FIR declaring it illegal and observed the police had stepped beyond its lawful duty. The court also directed the superintendent of city police to himself deliver to the petitioner the money taken away by the police.
