A local court in Karachi has restrained the police from registering an FIR against citizens under Section 188 of the Pakistan Penal Code for violating COVID-19 SOPs at any police station in the city’s East and Korangi districts. on Monday.
Judicial Magistrate (East) Javed Ali Korejo passed the order while hearing a case related to the arrest of eight civilians under section 188 (disobedience to order duly promulgated by public servant) by Gulistan-e-Johar police. SOP issued To prevent the spread of disease by the provincial government.
The judge on special duty issued the order on Sunday.
The judge said the investigating officer, Inspector Ali Mohammad Gopang, had produced the suspects – Qaiser Abbas, Zafar, Hafeez, Mubarak Ali, Tariq, Abdul Rehman, Sumer Qureshi and Mujibur Rehman – for violating the SOP during the Covid-19 pandemic. The suspects were booked under section 188 of the Pakistan Penal Code, such as violation of Section 144 of the Code of Criminal Procedure.
The judge also heard the arguments of the suspects’ counsel, the state prosecutor and the investigating officer and examined the material presented by them.
He said: “With regret to say that in case of violation of order under Section 144 of CrPC, the courts have issued / circulated several directions not to register FIR in future and the right recourse is… But the police have deliberately disobeyed the directions of various courts and have often filed FIRs against the law.
“It may be clarified that even the notification issued by the government does not direct to register an FIR for registering a written complaint, but the SHO concerned has completely ignored the instructions of the government. [and also] of courts. “
The judge remarked that: “The conduct of the police in defiance of the orders of the courts, shows that they require strict action in accordance with the law. It is a well-established principle of law that [a] The work should be done in a special manner as it is provided, therefore, no one is above the law…,” he said, adding that the police should not adopt their own procedure by registering “unnecessary FIRs”.
He said that being the responsible officer of the police station in the present case, the SHO has committed willful misconduct in violation of the principles of established law.
He warned the SHO of Gulistan-e-Johar police station not to resort to “recourse to register an FIR in violation of Section 144”, asking him to adopt the legal route provided under the law.
“It may be clarified that not from today… FIR will be registered under section 188 of PPC in any police station of East and Korangi districts due to violation of SOP of COVID-19, however, written against SHO can file a complaint. A violator,” he ruled.
The judge also said that any SHO who violates the directions of the court should be dealt with in accordance with the law for his “willful disobedience”.
“In view of the above, I am of the firm opinion that there is no police” [justified] Not even the police in arresting the accused [justified] In order to expedite the law by way of FIR, therefore, the above named accused persons are hereby subjected to production of PR bond of Rs 50,000 under Section 63 of CrPC,” he wrote in the order.
The court also directed the investigating officer to submit the final report in the matter within the stipulated time.