| Case ID |
1f7056fc-8103-49c0-a821-4e4b83eadab9 |
| Body |
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| Case Number |
Human Rights Case No. 10842-P of 2018 |
| Decision Date |
May 23, 2018 |
| Hearing Date |
May 09, 2018 |
| Decision |
The Supreme Court dismissed the petition for the registration of a second FIR concerning the same incident, stating it was not legally warranted as an FIR had already been registered regarding the same occurrence. The Court noted that the law only allows one FIR for a cognizable offence and any new versions of the incident should be recorded during the investigation as per Section 161 of the Criminal Procedure Code. The case highlighted the need for thorough investigation and recording of all versions but emphasized that the registration of multiple FIRs for the same incident is not permissible under the law. |
| Summary |
This case revolves around the legal implications of registering multiple FIRs for the same incident under the Criminal Procedure Code of 1898. The Supreme Court of Pakistan addressed whether a separate FIR can be registered for every new version of the same incident, particularly in the context of a police encounter resulting in the death of Mohsin Ali. The Court ruled that once an FIR is registered for a cognizable offence, any new versions must be documented as statements under Section 161 of the Cr.P.C. The ruling emphasized the importance of a single FIR to avoid confusion and ensure a coherent investigation process. The case underscores the challenges faced by petitioners seeking justice in cases of alleged police misconduct, highlighting the need for legal clarity and adherence to established procedural norms. It also reflects the judicial system's approach towards balancing the rights of the aggrieved parties while maintaining legal order. Relevant keywords include 'FIR registration', 'cognizable offences', 'Criminal Procedure Code', 'Supreme Court of Pakistan', and 'police encounter'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA, ACJ,
MUSHIR ALAM,
JUSTICE MAQBOOL BAQAR,
JUSTICE MANZOOR AHMAD MALIK,
JUSTICE SARDAR TARIQ MASOOD,
JUSTICE MAZHAR ALAM KHAN MIANKHEL,
JUSTICE SAJJAD ALI SHAH
|
| Lawyers |
Mr. Ashtar Ausaf Ali, Attorney-General for Pakistan,
Barrister Asad Rahim,
Mr. Muhammad Usman Rauf,
Mirza Moiz Baig,
Mr. Nousherwan Niazi, Advocates,
Mr. Qasim Ali Chauhan, Additional Advocate-General, Punjab,
Nemo on behalf of the Advocate-General, Sindh,
Mr. Zahid Yousaf Qureshi, Additional Advocate-General, Khyber Pakhtunkhwa,
Mr. Ayaz Swati, Additional Advocate-General, Balochistan,
Mr. Tariq Mehmood Jehangiri, Advocate-General, Islamabad,
Mr. Saeedullah Khan, ASC,
Mr. Babar Nadeem, Advocate,
Mr. Abu Bakar Khuda Bakhsh, Additional Inspector-General of Police, Punjab
|
| Petitioners |
MST. SUGHRAN BIBI
|
| Respondents |
STATE
|
| Citations |
2018 SLD 2347,
2018 PLJ 391
|
| Other Citations |
Jamshed Ahmad v. Muhammad Akram Khan and another (1975 SCMR 149),
Kaura v. The State and others (1983 SCMR 436),
Wajid Ali Khan Durani and others v. Government of Sindh and others (2001 SCMR 1556),
Mst. Anwar Begum v. Station House Officer, Police Station Kalri West, Karachi and 12 others (PLD 2005 SC 297),
Ali Muhammad and others v. Syed Bibi and others (PLD 2016 SC 484)
|
| Laws Involved |
Criminal Procedure Code, 1898
|
| Sections |
154
|