| Case ID |
037953c4-e6c7-4f8a-901e-1040d566466c |
| Body |
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| Case Number |
Writ Petition No. 21805 of 2000 |
| Decision Date |
Oct 25, 2001 |
| Hearing Date |
Oct 25, 2001 |
| Decision |
The Lahore High Court directed the Senior Superintendent of Police to register a criminal case against police officials involved in the death of the petitioner's brother, Haq Nawaz, who died while in police custody. The court emphasized that mere inquiry by a Magistrate regarding the cause of death does not preclude the registration of a criminal case under Section 154 of the Criminal Procedure Code. It was determined that the cause of death should be investigated independently by the police, regardless of the findings of the Magistrate's inquiry. The decision highlights the rights of aggrieved parties to seek justice through the registration of FIRs and the filing of private complaints, even when inquiries may exonerate accused parties. |
| Summary |
In the case of Writ Petition No. 21805 of 2000, the Lahore High Court addressed the serious issue of police custody and the subsequent death of Haq Nawaz. The petitioner, Mumtaz Hussain, sought justice for his brother who died while in police custody, allegedly due to police torture. The court examined the provisions of the Criminal Procedure Code, particularly sections concerning the registration of FIRs and inquiries into deaths occurring in police custody. The court ruled that the existence of a Magistrate's inquiry does not obstruct the registration of a criminal case and reinforced the independent rights of aggrieved individuals to report matters to the police. This case underscores the essential principles of accountability in law enforcement and the necessity for thorough investigations into police conduct. The judgment serves as a critical reminder of the legal protections available to individuals in the face of potential abuses of power by state authorities. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAN NAZIR AKHTAR, J
|
| Lawyers |
Bashir Abbas Khan,
Mian Sikandar Hayat,
M. Hanif Khatana
|
| Petitioners |
MUMTAZ HUSSAIN
|
| Respondents |
,
DEPUTY INSPECTOR GENERAL, FAISALABAD,
Mian Sikandar Hayat,
M. Hanif Khatana
|
| Citations |
2002 SLD 2355,
2002 PLD 78
|
| Other Citations |
Khuda Bakhsh v. Province of West Pakistan PLD 1957 Lah. 662,
Shera v. The State and 3 others 1972 PCr.LJ 626,
Mst. Ghulam Zuhran v. Superintendent of Police, Rahimyar Khan and others 1989 PCr.LJ 1826,
Mst. Rabia v. Mr. J. Samual, A.S.-I. and 10 others 1986 MLD 1196
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
154,
176,
174,
200
|