THE people of Pakistan lack basic knowledge about the legal practices. Law enforcement agencies do not implement the basic principles of law despite of knowing and understanding the provisions of law. The operating system of law enforcement agencies especially police and courts do not follow the commandments and procedural orders by the book. In the realm of law and order, the First Information Report (FIR) stands as a vital cornerstone in the process of criminal investigations. However, the whole structure of FIR from its lodging till its implementations is handicapped and not capable enough to work according to the book.
The first ingredient of a criminal case is the commission of a criminal offence. The offence despite of its severity is supposed to be reported to the police by filing the FIR, may it be cognizable or non-cognizable under section 154 and section 155 CrPC respectively. From this point, role of the police starts to prevent the miscarriage of justice at each and every point. It is to be duly noted that for lodging an FIR, one doesn’t need to be an aggrieved person from that particular crime. Any citizen knowing about the commission of crime, can file an FIR and request to initiate the proceedings for the case. Interestingly, even a police officer himself can lodge an FIR.
Moreover, it is massively mistaken that SHO can deny to lodge an FIR. However, in Mst. SAHIB KHATOON vs SHO POLICE STATION, GARHI KHAIRO (2013 PCrLJ 749), Sindh High Court ruled that Station House Officer (SHO) has no authority under the law to refuse to record the FIR where information conveyed, disclosed the commission of cognizable offence. The aggrieved case of non-filing of FIR can file a complaint against SHO to the justice of peace under section 22A and 22B of CrPC. Justice of peace basically deals with the neglect, failure, or excess committed by the police authorities in relation to their functions and duties.
To record FIR, one has to approach the police station of the concerned jurisdiction and record his statement either orally or in written form. It is generally thought that the police can choose what to write and what not to write in the FIR. But under Sections 154 and 155 CrPC, SHO is bound to write each and every detail regarding the offence if it is given verbally. This rule has also been illustrated under Section 24.1 of Punjab Police Rule, 1934.
After filing an FIR, the respective SHO can investigate into the facts and circumstances of the case and may call it null and void if it doesn’t contain adequate requirements to initiate the criminal proceedings. This viewpoint has been reflected in ABDUL REHMAN MALIK vs SYNTHIA D. RITCHIE, AMERICANS NATIONAL AND OTHER (2020 SCMR 2037) where the honorable court ruled that the law requires that a Police Officer should first register a case and then form an opinion whether the facts stated in the FIR are true or not. However, in case of a false report to the SHO, he may proceed against the false reporter under section 182 PPC which basically deals with cases in which false information is given to the public servant with the false intention that he will use his lawful powers against any other person.
Maintaining law and order in society is the main principle of a civilized society. For this purpose, the laws should be very clear to the general public as well as the law enforcement agencies and it should be implemented at every cost. If the system of lodging and implementing the procedure of FIR is sustained, the crime in our country will be recorded properly which leads us to decreasing crime rate mechanisms. Correspondingly, the litigation in the courts of justice of peace will proceed effectively and the appeals against the orders of justice of peace in the high court will minimize subsequently. This step would lessen the burden on courts and help all the law enforcement agencies to work effectively for the protection of the rights of citizens.
—The writer is associated with the Legal Department, University of Punjab.
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