The Supreme Court has directed the immediate registration of First Information Reports (FIRs) upon receiving information about any cognisable offence. It cautioned that officials responsible for any delay in this process could face both legal and departmental consequences. This directive was part of a comprehensive seven-page judgment penned by Justice Salahuddin Panhwar, who dismissed a jail petition filed by Ali Raza, convicted in a 2012 murder case in Dadu.
Ali Raza had been sentenced to life imprisonment and fined Rs100,000 by the trial court, a decision upheld by the Sindh High Court. The judgment highlighted that although police were informed about the murder on the night it occurred, the FIR was registered only after a delay exceeding three days.
Justice Panhwar expressed serious concern over the recurring issue of delayed FIR registration in Sindh, noting that this malpractice persisted despite prior Supreme Court orders and the presence of the Sindh inspector general of police. The court reiterated its earlier instructions from the Muhammad Bux case, emphasizing that inspectors general of police nationwide must ensure FIRs are registered promptly once information about a cognisable offence reaches the relevant police station officer.
The judgment underscored that delays in FIR registration can lead to the loss or degradation of critical evidence, especially forensic material, which ultimately undermines the integrity of the case. It emphasized that such delays should not be dismissed as mere procedural irregularities when police are aware of an offence but fail to act promptly.
Trial courts were instructed to actively note any such delays evident in case records, determine the reasons behind them, and take appropriate legal action. The court clarified that when it is apparent that the officer in charge knowingly delayed FIR registration, the trial court is obliged to address this misconduct. Such instances may be referred to the inspector general of police for departmental proceedings, and criminal charges under Section 201 of the Pakistan Penal Code (PPC) could also be initiated if warranted.
Furthermore, the court stressed that upon receiving information about a cognisable offence, the FIR must be registered immediately under Section 154 of the Code of Criminal Procedure (CrPC). It dismissed excuses such as the informant being engaged in funeral rites as irrelevant to this legal obligation.
In a significant development, the Supreme Court ordered the Sindh prosecutor general to compile and submit a district-wise report on all murder cases from January 1, 2025, to the present date, highlighting instances where FIR registration was delayed beyond 24 hours. This report must detail the time of the incident, the time the FIR was reported, and identify cases with delays exceeding one day. The court mandated that this report be submitted within two months for review.
The Supreme Court also issued a stern warning that failure to comply with the Muhammad Bux judgment could result in contempt proceedings against senior police officials, including inspectors general, superintendents of police (investigation), and sub-divisional police officers. The judgment stated that any further disregard of the court’s directives from this point forward may lead to contempt charges.
Additionally, the court directed its registrar to ensure the Muhammad Bux judgment is translated into Sindhi and uploaded to the Supreme Court’s website to enhance public awareness in Sindh.
The judgment also reaffirmed the Supreme Court’s previous directive to eliminate the use of the term “faryaadi” in police records, describing it as a relic of colonial-era attitudes. The court emphasized that citizens approach law enforcement as a matter of right, not as a favor. It discouraged the use of deferential phrases such as “Bakhidmat Janaab SHO,” noting that such language is legally unfounded and diminishes the citizen’s status. The court remarked, “It is actually the SHO who serves the citizens, not the other way around.”
Concluding the judgment, the Supreme Court refused Ali Raza’s request for leave to appeal and dismissed his jail petition.
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