LAHORE: The Lahore High Court has regretted that the registration of crime reports, in a number of cognizable offences, is delayed merely on the pretext of lack of territorial jurisdiction of a particular police station.

“Such conduct of police officers not only results in the loss of valuable evidence due to delay but also provides an opportunity to accused to escape their criminal liability,” Justice Ali Zia Bajwa observed with concern in a verdict recently passed on a woman’s petition against an order by an ex-officio justice of peace (JOP) of Pakpattan district.

Sakina Bibi had filed a petition before the JOP for registration of a criminal case regarding abduction of her son from the territorial jurisdiction of Chak Bedi police station of Pakpattan district.

However, after a few days the body of the petitioner’s son was recovered from the jurisdiction of a police station of Sahiwal district.

The JOP dismissed the woman’s plea saying the alleged abduction of the boy had not taken place in Pakpattan district.

Justice Bajwa observed that the JOP dismissed the application of the petitioner mainly on the grounds that no evidence could be brought on the record that her son was abducted from Pakpattan district and since the dead body was found in Sahiwal district, therefore, direction for registration of criminal case cannot be issued.

The judge ruled that the JOP traveled beyond his mandate while holding in an unequivocal manner that the son of the petitioner was not abducted in the way alleged by her.

He said such findings of the JOP touched the merits and veracity of allegations, therefore, were utterly unwarranted and not sustainable in the eye of the law.

The judge maintained that a criminal case regarding the abduction and murder of the son of the petitioner could be registered at any of the districts, from where the deceased was abducted or from where his body was recovered.

The judge said the SHO of Chak Bedi (Pakpattan) was duty bound to register a criminal case on the application of the petitioner but unfortunately needful was not done.

He held that the law on the subject is very clear that if information regarding a cognizable offence is received at a police station, the same cannot be neglected on the pretext of lack of territorial jurisdiction.

Justice Bajwa concluded that the order passed by the JOP is not sustainable in the eye of the law, therefore, he allowed the writ petition, with a direction to the SHO of the Pakpattan police station to record the version of the petitioner and register a criminal case.

It goes without saying that the investigation, in this case, should be conducted on merits after bringing on the record the evidence of both sides strictly in accordance with the law without getting prejudiced from any finding rendered in the impugned order.

Published in Dawn, July 3rd, 2023