P L D 2016 Sindh 238
(a) Words and phrases---
----"Accused"---Meaning.
(b) Words and phrases---
----"Abscond"---Meaning.
(c) Police Rules, 1934---
----R. 23.25--- Proclaimed offender---Information to public---Object, scope and purpose---Not only every police officer was responsible to arrest a proclaimed offender but the rules permit informing public of such proclamation of arrest---Purpose of informing public could be nothing except to have help from public in causing arrest of such persons.
(d) Police Rules, 1934---
----R. 23.25---Criminal Procedure Code (V of 1898), Ss. 59, 87 & 88---Constitution of Pakistan, Art. 199---Constitutional petition---Proclaimed offender, arrest of---Procedure---Grievance of petitioners was that police had not arrested their accused persons despite they had been declared as proclaimed offenders---Petitioners had further grievance that the accused persons who had been declared proclaimed offenders were leading normal lives without any deterrence of arrest---Validity---If accused persons were enjoying normal rights then purpose and object of declaring one as 'absconder/proclaimed offender' never served its objective nor would so if allowed to continue on the hearts of the files only---High Court issued directions to the police authorities in that respect.
High Court directed the Inspector General of Police, DIGPs and SSPs to:
(i) ensure proper maintenance of relevant register(s), as insisted by Chapter XXIII of Police Rules, 1934, at every police station or at relevant place, as explained by the relevant rules;
(ii) ensure proper checking thereof periodically;
(iii) ensure progress in this regard and reward to rightful and necessary action against negligent;
(iv) ensure attachment of properties of such proclaimed offenders against whom proceedings under section 88, Cr.P.C., stood completed by approaching concerned Mukhtiarkar or head of Revenue authority at district level;
(v) ensure creation of well-organized websites containing details of proclaimed offenders and absconders wanted by concerned Courts as well as Police Stations concerned of relevant districts with friendly use/utility for private informants, whereby information conveyed by the informant should be sent automatically to the concerned I.O./Police Station, SSP and District and Sessions Judge simultaneously. Needless to add here that secrecy of private informant from general public should be ensured;
(vi) ensure wide circulation of information regarding creation of such website(s) for general public in electronic and print media, seeking their cooperation in arrest of those proclaimed offenders and absconders with assurance of their anonymity of informants in order to curb criminal elements at large;
(vii) ensure proper display, communication and update of information/data of absconders/proclaimed on such website periodically;
In second phase, they are further directed to:
a. establish "cells" on districts and divisions levels specifically for the purpose of maintaining record of such persons, shall be fully equipped with modern devices;
b. the Cells shall develop a relation-nexus with NADRA in getting/collecting data of such persons;
c. the Cells shall also develop a mechanism by consultation with Member, Board of Revenue, Sindh, so as to have details of properties of all such persons and to proceed for attachment thereof;
d. the Cells shall also develop a net-working with consultation of State Bank for getting/obtaining details of Bank-accounts of such persons and then to process such information to concerned court(s)/authority for necessary order of attachment/seizure etc. as such money falls within the meaning of section 88(3)(a) of the Code;
e. the Cells shall also communicate details of proclaimed offenders to F.I.A. for placing their names in E.C.L. (Exit Control List).
A detailed report regarding efforts taken towards first phase, shall be communicated to High Court within a period of one month, wherein detailing the issuance of 'reward to deserving'; 'action against negligent' and progress in lessening such mountain of absconders/proclaimed offenders. All the S.H.Os. shall be directed to submit quarterly report to the ILLAQA Magistrate regarding progress towards matter of absconders/proclaimed offenders.
The report regarding second phase, shall also be submitted to High Court within a period of three months showing progress towards such subject. Any further effective addition in first and second phase shall be a mark of appreciation on part of the IG, DIGs and SSPs of Police.
Issue of special funds, meant for investigation, be mechanized in a manner so as to eliminate all chances of intervention of third person and such fund should directly reach the Investigation Officer concerned through cross-cheque(s), which surely will make the investigation offier accountable for speedy and effective investigation without an excuse of having no fuel etc. Needless to add that purpose of 'reward' or allocation of funds towards investigation was always to encourage investigating officers to use all means without a fear of spending his own money (salary) in the name of 'duties'. Separate record shall be maintained on police station(s) level, non-compliance shall expose to the contempt proceedings.
Since, with reference to sections 87 and 88 of the Code, the Court(s) were under heavy obligations(s) to complete process of publication of proclamation (87) and that of attachment (88) within strict meaning purpose and object of the provisions, which could not be achieved unless the Court(s) took advantage of available means particularly that of establishment of I.T. Cell at District Level, therefore, the I.T. personnel working at District level should be engaged to:
* prepare and maintain data of proclaimed offenders(s) of Judicial District maintaining the statistics thereof on daily basis and to present the same before District and Sessions judge for communication to Sr. Superintendent of police of that District for progress and report thereof, which, if found unsatisfactory, be communicated to DIGP;
* Fix all cases kept on dormant file on quarterly basis and call progress report in those matters by directing concerned SHOs.
(e) Investigation---
----Conclusion of--- Scope--- Investigation continues till the crime is unearthed and guilt or innocence is determined by courts of law.
(f) Criminal Procedure Code (V of 1898)---
----Ss.87, 88, 344 & 512--- Proclaimed offender, case of---Procedure---Cases wherein police submits final report/charge sheet by showing all accused as absconders under S.512, Cr.P.C., such report should not be treated as final report---Magistrate should postpone cognizance in terms of S.344, Cr.P.C., by treating such report as an interim report and should fix those cases fortnightly for progress report.
(g) Constitution of Pakistan---
----Art. 199---Constitutional petition---Writ of mandamus---Direction to police officer---Scope---Writ of mandamus is available where one legally bound to perform is guilty of avoiding---Police officer needs no direction from High Court even for performing his duty.
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