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Search Results: Categories: Article 3 (1 found)

Irfan Ali etc VS SHO Ps Khanna Islamabad etc

Citation: Pending

Case No: Writ Petition-1711-2025

Judgment Date: 24-Jun-25

Jurisdiction: Islamabad High Court

Judge: Justice Muhammad Azam Khan

Summary: (a) Constitution of Pakistan---- ----Arts. 2-A, 3, 4, 9, 14, 18 & 25---Code of Criminal Procedure (V of 1898), Ss. 22-A, 22-B, 54 & 55---Police Rules, 1934---Protection against unlawful harassment---Scope---Petitioners alleged continued harassment by police despite securing protective orders from Ex-Officio Justice of Peace---Held, that the State’s power to investigate and prosecute offences must be exercised strictly in accordance with law---Arbitrary arrest, detention, or coercive measures without registration of a cognizable offence or in defiance of judicial directions constitute a violation of fundamental rights guaranteed under Arts. 4, 9, and 14 of the Constitution---Once the Ex-Officio Justice of Peace has issued directions restraining police harassment, such orders are binding unless modified or set aside by a competent Court---Disregard of such judicial orders amounts to abuse of authority and negation of rule of law---Police officials are under statutory obligation to act fairly and lawfully in every case. (b) Administration of justice--- ----Judicial protection---Scope and effect---Where judicial protection has already been extended by Ex-Officio Justice of Peace under Ss. 22-A & 22-B, Cr.P.C., the police are bound to comply with such directives and cannot initiate retaliatory or arbitrary actions against citizens---Failure to observe such protection invites judicial interference under Art.199, Constitution. Disposition: Petition allowed; Respondents directed not to harass or summon Petitioners or their family members unlawfully; any actionable information to be processed strictly in accordance with Ss. 54 & 55, Cr.P.C., and judicial safeguards; police to comply with orders of Ex-Officio Justice of Peace in letter and spirit.

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