S. 172(2)---Constitution Art. 203-D---Shariat petition---Police investigation diary---Accused not entitled to call for or see such diary during inquiry or trial--

 PLD 2014 FEDERAL-SHARIAT-COUR 15

S. 172(2)---Constitution of Pakistan, Art. 203-D---Shariat petition---Police investigation diary---Accused not entitled to call for or see such diary during inquiry or trial---Repugnancy to Injunctions of Islam--- Plea of petitioner was that S. 172(2) Cr.P.C, which barred the accused from calling for or seeing the police investigation diary was against the Injunctions of Islam and should be amended to bring it in conformity with the same, allowing the accused to have right of access to police diaries and ziminies , before submission of challan in court---Validity---Information obtained under S. 172, Cr.P.C could not be treated as evidence and neither was it admissible in evidence nor could it be considered at par with statement made under S. 161, Cr.P.C---Section 172(2), Cr.P.C pertained only to a diary of investigational procedure wherein investigating police officer recorded his day to day proceedings, as and when he received any relevant information from any place---Such a diary did not assume the status of evidence and could not be used against the accused which might prejudice his case in any manner---According to S. 172(2), Cr.P.C, any criminal court might call for such police diaries of a case under inquiry or trial, and might use such diaries, not as evidence in the case, but just as elucidation of certain facts to aid the court in such inquiry or trial---If such police diaries were to be used by the police officer, who had made them, then it was only for refreshing his memory---If the court used such diaries for the purpose of contradicting the police officer, who had made them, the provisions of Qanun-e-Shahadat, 1984, and Ss.145 & 161, Cr.P.C, as the case might be, shall apply---Even if such police diaries were consulted by the court for elucidation of certain facts, no judgment could be passed on the basis of information contained in such diaries---Information obtained under S. 172(2), Cr.P.C, thus, was just procedural in nature and had no material or evidentiary value to cause prejudice to the accused---Shariat petition was dismissed accordingly.