The Supreme Court has ordered police to ensure immediate FIR registration whenever they receive information about a cognisable offence, warning that officials who delay the process may face legal and departmental consequences. The directive came in a seven-page judgment authored by Justice Salahuddin Panhwar while the court dismissed a jail petition filed by convict Ali Raza in a 2012 murder case in Dadu.
Ali Raza was sentenced to life imprisonment and fined Rs100,000 by the trial court. The Sindh High Court later upheld the conviction and sentence. During proceedings, however, the Supreme Court examined the circumstances surrounding the FIR registration in the murder case and noted that police had received information about the incident on the night it occurred but registered the FIR more than three days later.
Supreme Court Raises Concern Over Delays
Justice Panhwar expressed concern over what the judgment described as a continuing practice of delayed FIR registration in Sindh. The court noted that similar directions had already been issued by the Supreme Court, including in the Muhammad Bux case, yet delays continued despite the appearance of the Sindh inspector general of police.
The court reiterated that inspectors general of police across the country are responsible for ensuring that FIRs are promptly registered once information about a cognisable offence reaches the officer in charge of a police station.
According to the judgment, delays can lead to the loss or deterioration of evidence, particularly forensic evidence. This can ultimately affect the ability of courts to properly assess the merits of a criminal case.
The Supreme Court made clear that unnecessary delays in FIR registration should not simply be treated as minor procedural irregularities. Where police know that a cognisable offence has occurred but fail to initiate proceedings promptly, the conduct can attract judicial scrutiny.
Trial Courts Told to Examine Delays
The judgment also placed responsibility on trial courts to take notice when records reveal an unexplained delay in FIR registration.
The court directed that trial judges should determine the reason for the delay and record a finding where the circumstances are apparent from the case record. Depending on the facts, the matter may be referred to the inspector general of police for departmental action.
The judgment further noted that proceedings under Section 201 of the Pakistan Penal Code could be initiated when the legal requirements are fulfilled.
The court stressed that Section 154 of the Code of Criminal Procedure requires an FIR to be registered forthwith once information about a cognisable offence reaches the officer in charge. It rejected the argument that an informant being occupied with funeral rites could justify delaying the process.
Data on Delayed Murder FIRs Sought
The Supreme Court also ordered the prosecutor general of Sindh to provide district-wise details of murder cases in which FIR registration took more than 24 hours.
The information must cover cases from January 1, 2025, until the date of the judgment. The report is required to compare the time of the alleged occurrence with the time the matter was reported and identify cases where the delay exceeded 24 hours.
The court directed that the report be submitted within two months for examination in its chambers.
The order indicates that the Supreme Court intends to closely examine whether its previous directions on timely FIR registration are being followed across Sindh.
Officials Warned of Contempt Proceedings
The court also issued a strong warning regarding compliance with the Muhammad Bux judgment. It said that continued defiance could result in contempt proceedings against inspectors general of police, superintendents of police responsible for investigation and relevant sub-divisional police officers.
This warning puts senior police officials on notice that repeated failures to follow the court’s directions regarding FIR registration could have consequences beyond internal disciplinary measures.
The registrar was also directed to ensure that the Muhammad Bux judgment is translated into Sindhi and uploaded to the Supreme Court’s website. The move is intended to make the court’s directions easier for citizens in Sindh to understand.
Court Challenges Colonial Terminology
The judgment also addressed language used in police proceedings. The Supreme Court reiterated its earlier direction against using the term “faryaadi,” describing it as reflective of a colonial mindset.
The court emphasised that citizens approach public authorities as a matter of right rather than mercy. It also discouraged the use of the phrase “Bakhidmat Janaab SHO,” saying that it carries a subordinate tone and has no legal basis.
The judgment stressed that police officers are public servants and that citizens should be treated accordingly.
By reiterating its instructions on FIR registration, the Supreme Court has placed renewed emphasis on timely police action following reports of cognisable offences. The court’s directions also underline the importance of protecting evidence and ensuring that procedural delays do not undermine criminal investigations.
The Supreme Court ultimately refused leave to appeal and dismissed Ali Raza’s jail petition, while using the case to reinforce its broader directions concerning police procedure and accountability.
