2024 MLD 951
If the Provincial Police Complaints Authority receives from the District Public Safety Commission or Head of District Police any report of death, rape or serious injury to any person in police custody it would take steps to preserve evidence relating to such incident and request the Chief Justice of the High Court under intimation to the Government to appoint a Judge not below the District and Sessions Judge for a judicial enquiry.
Clauses (c) & (d) of Article 155(1) of Police Order 2002 are relevant to the subject under discussion because for willful breach or neglect of any provision of law or of any rule or regulation or any order which the police is bound to observe or obey or guilty of any violation of duty, FIR can be registered as being cognizable offences but under Article 155(2) of the Police Order, it still needs a sanction for prosecution in the form of report in writing by an officer authorized in this behalf under the rules. Article 2 (xxiii) of Police Order, 2002 says, ‘rules’ means rules made under this Order and as per Article 186 of Police Order, 2002 “Existing police deemed to be constituted under this Order” therefore, Police Rules,1934 shall also be deemed applicable until the new rules are framed. As per Police Rules, 1934, Deputy Inspector General of Police is the authorized officer for granting sanction for prosecution.
It is held that for initiation of departmental action against any rank of police officer/official, different authorities are authorized in the police hierarchy but for judicial prosecution respective Deputy Inspector General of Police is the authorized officer. Therefore, despite registration of FIR, sanction of prosecution shall further determine the continuation of proceedings against the accused police officer/official. If such sanction is not available then court cannot proceed further. This situation has impliedly been met under section 230 of Cr.P.C.
If required sanction is not given then court can stay the proceeding in trial of such offence or Prosecutor can drop the prosecution of such offence under section 10(3)(f) of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006.
Types of offences if committed under Article 156 of the Police Order, 2002, do not require any sanction of authorized officer and being punishable up to five years would be cognizable as per second schedule of Cr.P.C. under segment “offences against other laws”, therefore after registration of FIR it shall be prosecuted through a normal course of trial. However, offence under Article 157 being punishable up to one year shall be non-cognizable as per above scheme; thus, for such offence action can be taken as per Section 155 of Cr.P.C. meant for investigation into non-cognizable offences but if some cognizable offences are also attracted in the series of act, then it shall also be investigated with cognizable offences without the permission of a magistrate.
If a complaint of neglect, failure or excess committed by any police officer/official is received by the ex-officio Justice of the Peace, he can simply pass it to District Police Officer concerned for placing it before the Police Complaints Authority who is authorized to channelize it as per Article 36 of the Police Order, 2002, or ex-officio justice of the peace can direct the aggrieved person to approach the Police Complaints Authority by filing an application and further course of action shall be taken care of by the said authority under the law. If both the directions are not met, ex-officio justice of the Peace can proceed as per law suggested above.
Establishment of Provincial Police Complaints Authority is essential for action on derelictions of police.
WP 10957/23
Hafeez Ullah Vs Additional Sessions Judge etc.
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