Nadra cases through police opposed

Published August 13, 2005

PESHAWAR, Aug 12: The district prosecutor has asked the National Database and Registration Authority (Nadra) not to register cases through police as charges under Section 30 of the Nadra Ordinance are non-cognizable.

Peshawar District Public Prosecutor Sikandar Sahibzada, in a letter sent to the Nadra regional headquarters last month, questioned the validity of the cases registered by police under the section.

According to the official, the ordinance is a special law having over-riding effect on the general law related to crimes dealt under Sections 419, 420, 468, 471 etc of the Pakistan Penal Code.

A large number of the cases registered by police under Section 30 had been dismissed by courts mainly on the grounds that the offences were non-cognizable under the Nadra Ordinance, Mr Sahibzada told Dawn on Friday.

The cases being non-cognizable, Nadra could only lodge complaints with a local court, which would ask police to summon the accused, he maintained.

He referred to Section 31 of the ordinance, which states: “No court shall take cognizance of any offence under this ordinance except upon complaint in writing made by the authority or the gazetted officer authorized by it in this behalf.”

Mr Sahibzada, in his letter, said: “This practice of asking police to register cases on your complaints be stopped forthwith and complaints be addressed and initiated in the court through this office for effective prosecution and positive result thereof.

“This office will scrutinise and forward your cases to the competent court and would maintain record. Further, an office be deputed for proper pursuance of your cases.”

He said that under the Prosecution Act, 2005, Nadra should consult the prosecutors for seeking action against the accused.