Judgement Targets Archaic Terms and Systemic Delays
In a landmark judgement aimed at restoring constitutional dignity, the Supreme Court of Pakistan has issued sweeping directives to eliminate archaic and demeaning language from police proceedings and courtrooms. The court explicitly banned terms like “Bakhidmat Janaab SHO” (at your service, sir SHO) and “Faryadi” (supplicant), declaring them legally misconceived and offensive to citizens’ rights.
The ruling, authored by Justice Salahuddin Panhwar and delivered by a three-member bench, originated from a murder case appeal but was expanded to address deep-seated flaws in policing practices. The court emphasized that citizens approach law enforcement as a matter of legal right, not as beggars seeking mercy. It clarified that the correct address, “Janaab SHO,” reflects the proper constitutional relationship where police are duty-bound to serve the public.
Crackdown on Delayed FIR Registration
A substantial part of the judgement focused on the critical issue of delayed First Information Report (FIR) registration. The court noted that such delays, often caused by police inaction, should not be used to penalize victims or weaken credible cases. It reaffirmed that under Section 154 of the Code of Criminal Procedure, registration of an FIR for a cognizable offence is mandatory and cannot be refused or delayed.
The bench categorically rejected common police practices that cause delays, including:
- Waiting for funeral rites to conclude.
- Conducting prolonged preliminary inquiries.
- Insisting on written applications before registration.
The court warned that delays result in the loss or contamination of crucial evidence, particularly forensic evidence, thereby undermining the entire criminal justice process.
Legal Presumption Against Delaying Officers
Taking a stern view, the court established a significant legal presumption. It held that if an officer-in-charge of a police station deliberately delays FIR registration, a presumption will arise that the delay was intended to benefit the accused. The burden of proof to rebut this presumption lies with the officer.
Such conduct may now attract criminal liability under Section 201 of the Pakistan Penal Code for causing the disappearance of evidence, in addition to departmental proceedings. The judgement empowers trial courts and magistrates to initiate action against erring officers after issuing a show-cause notice.
Sindh Under Scrutiny, Nationwide Compliance Ordered
The court noted that the practice of delayed FIR registration is “considerably more prevalent in Sindh.” Consequently, it directed the Prosecutor General of Sindh to submit a detailed report within one month. The report must detail the average delay in registering FIRs for heinous offences over the past two years for judicial scrutiny by the Supreme Court’s Karachi Registry.
On the language front, the court directed all district and sessions judges in Sindh to ensure that no informant or complainant is referred to as “Faryadi” in lower courts. It clarified the legal distinction: a person providing information for an FIR is an “informant,” while one who files a complaint before a magistrate is a “complainant.”
To ensure nationwide compliance, the Supreme Court ordered copies of the judgement to be circulated to all high courts and district courts across Pakistan. The ruling is termed a necessary step toward citizen-centric policing, institutional accountability, and restoring constitutional dignity at the very first stage of the criminal justice process.
