Supreme Court Ruling: Police Cannot Refuse or Delay FIR Registration

Islamabad: The Supreme Court of Pakistan has delivered a significant judgment against the police’s attitude towards registering cases, stating that police cannot refuse or delay the registration of a First Information Report (FIR). The ruling highlighted that failure to register a case is a violation of the constitution and a denial of justice, emphasizing that the police force is supposed to serve the public, not the powerful.
The decision, penned by Justice Athar Minallah, was a response to a case concerning the acquittal of murder suspect Sita Ram, who had been accused of killing Chandar Kumar in 2018. The court ruled in favor of the acquittal, citing that the prosecution failed to present adequate evidence.
The court also noted a significant delay in registering the case, with the police not filing an FIR even though the complainant had informed them promptly. The SHO admitted to recording the information in the daily register but failed to register the FIR. According to the court, timely FIR registration is mandatory in cases involving cognizable offenses.
In the judgment, the Supreme Court criticized the delay in FIR registration, particularly in Sindh, where such delays have become a common occurrence. The court called it an executive function, integral to the criminal justice system. It also pointed out that delay in FIR registration leads to the destruction of evidence and can result in innocent individuals being wrongfully included in investigations.
The ruling stressed that police forces and police stations exist to serve the people, and the delay or refusal to register an FIR constitutes a serious constitutional violation. Such delays particularly harm the weaker, poorer, and marginalized sections of society. The court also noted that the police were often seen to serve powerful groups rather than the general public, fostering a perception of a police state, which is dangerous for the constitutional integrity of the country.
The Supreme Court directed the Inspector Generals (IGs) of all provinces to ensure strict adherence to the law and ordered Prosecutor Generals to implement Standard Operating Procedures (SOPs) to restore public confidence in the police system.