A police report containing comments of the police, summoned by an Ex-Officio Justice of Peace, shall only not offend the governing law as also the jurisprudence developed on the basis thereof if it contains comments with reference to only two aspects and nothing beyond.

Pak Case Laws July 26, 2021

Of course, the first being whether the aggrieved person has approached the police hierarchy on the administrative side and satisfied the avenues available to him before seeking resort to the facility provided by sections 22-A and 22-B Cr.P.C. The second being as to why in the presence of an application revealing the alleged commission of a cognizable offence a criminal case has not been registered. The first question is generally easily answered because the proof of the pudding lies in its eating. And if there is evidence forthcoming of an aggrieved person having approached the police hierarchy or equally of not having done so, the police report can easily attend to and answer such a question with no strings attached and hence in respect of this question or query there is no apparent problem. However, the same cannot be said about the second query sought to be answered in the report containing comments of the police. It is here, at this point, that the police generally digresses from its virtual obligation and indulges in a massive surgical operation of the merits of the case, it is here that the police gets the chance to maneuver details, take sides, discuss and analyze the pros and cons of the application presented to it, bring into the frame the antecedents, previous history, enmity inter-se contesting parties, opine on the credibility, truthfulness and accuracy of the information contained in the application before it ---- all such things that it should not be doing ---- and encumber, on the way, an Ex-Officio Justice of Peace with a certainty that can only be dislodged by the Justice of Peace if he gives strong reasons for disagreeing with the contents of the report.