2021(M) CLR 249
Section 154 of the Code of Criminal Procedure, 1898 only requires laying an “information” about the commission of a cognizable offence. The word “information” has been defined in BLACK’S LAW DICTIONARY SIXTH EDITION (Centennial Edition (1891-1991), as “An accusation exhibited against a person for some criminal offense, without an indictment.” Meaning thereby it is quite an initial stage and first step to set the law into motion by registration of a criminal case, where after, such information may be probed into and only then it can be concluded whether such information was true so as to lead towards indictment, or not. On the other hand, as discussed above with reference to the celebrated judgments of the Hon’ble Supreme Court of Pakistan, “sufficient” grounds must exist which would firstly satisfy the conscious of the detaining authority and such satisfaction may consist upon such a material, on the basis of which even a man of common prudence would have no other option except to form an opinion tilting towards the detention order. BLACK’S LAW DICTIONARY SIXTH EDITION (Centennial Edition (1891-1991), had defined the word “sufficient”, as “Adequate, enough, as much as may be necessary, equal or fit for end proposed, and that which may be necessary to accomplish an object.” Therefore, as compared to information within the meaning of Section 154 Cr.P.C., the stage to establish “sufficient” grounds to pass a detention order requires strict adherence to the solid material collected by the agencies. As such, it can safely be concluded that before passing an detention order, the authorities must have a recourse to Section 154 Cr.P.C., when the allegations levelled against the detenus in the detention orders constitute a criminal offence under Anti-Terrorism Act, 1997, Pakistan Penal Code or any other law, as in this case most of the allegations levelled against the detenus are criminal offences. Furthermore, under section 11L of the Anti-Terrorism Act, 1997 a person who receives an information about involvement of a person in an offence covered by Anti-Terrorism Act, 1997, and he believes or suspects that some one has committed an offence under the above Act, he is under a legal compulsion to disclose such belief or suspicion to the police officer.
0 Comments