FIR against Qadri puts police in trouble

LAHORE

POLICE bosses are making the all-out effort to protect the police officers against whom a case
under sections 194 and 109 PPC is going to be registered after the disclosure of fake murder FIR
purposely registered against the PAT Chief at Naseerabad police station.

Police sources said the officer, who had registered the fake murder case against the PAT Chief
and his activists, and those officers (SP, DSP and SHO), who had ordered him to do so, can be
booked under Sections 194 and 109 PPC.

There is no place for doubt that no police station in the provincial metropolis can register a case
falling under the heads of murder, kidnapping for ransom, extortion, cheque dishonour, and
robbery without informing the SP and the DSP concerned. And the City SHOs religiously adhere
to the said practice and always inform their respective DSPs and SPs about the crimes especially
heinous ones.

Police sources believed that the police officers from SP Model Town to SHO Naseerabad knew
the facts and false accusations by the complainant, but they preferred to accommodate the
government instead of upholding the supremacy of the law.

They said the police rules allowed a police officer that if he found the contents of a complaint
dubious or fabricated, he would not register a case, but he would register a report in police daily
diary. He would register a case only after verifying the incident.

Ironically, the police officer did not register a report in police daily diary and registered a fake
murder case on the order of his officers. According to Section 194 of Pakistan Penal Code (PPC),

whosoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be

likely that he will thereby cause any person to be convicted on an offence which is capital by any
law for the time being in force, shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to 10 years, and shall also be liable to fine; if
innocent person be thereby convicted and executed : and if an innocent person be convicted and
executed in consequence of such false evidence the person who gives such false evidence shall
be punished either with death or the punishment hereinbefore described.

Police sources said a Qalandara under Section 182 PPC would either be registered against
Mohammad Aslam to get a fake case registered against the PAT Chief or a case under Section
211 and 109 PPC would be registered against him and others.

According to Section 182 of Pakistan Penal Code (PPC), whosoever gives to any public
servant any information which he knows or believes to be false, intending thereby to cause, or
knowing it to be likely that he will thereby cause, such public servant:-(a) to do or omit anything
which such public servant ought not to do or omit if the true state of facts respecting which such
information is given were known by him, or (b) to use the lawful power of such public servant to
the injury or annoyance of any person, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine which may extend to Rs3,000, or with
both.

Whereas, Section 211 Pakistan Penal Code (PPC) reads: Whoever with intent to cause injury
to any person, institutes or causes to be instituted any criminal proceeding against that person, or
falsely charges any person with having committed as offence, knowing that there is no just or
lawful ground for such proceeding or charge against that person, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or
with both, and if such criminal proceeding be instituted on a false charge of an offence
punishable with death, imprisonment for life or imprisonment for seven years or upwards, shall
be punishable with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.

On August 10, the Naseerabad police registered a murder case against Tahirul Qadri and his
accomplices on charges of killing a police constable Mohammad Ashraf.

The victims father Mohammad Aslam alleged that his son Mohammad Ashraf was wounded in
Lahore on Friday as Qadris followers clashed with police and died of his injuries late Saturday.
The case contained the charges of murder, inciting violence and treason. It was registered under
sections 302, 148, 159 and 109 of PPC on the complaint of the victims father Mohammad
Aslam.

Ironically, the Naseerabad police registered a fake murder case against Qadri as Ashraf had
received injuries in a road accident near Arfa Karim Tower on August 8. He was admitted to the
Neuro Surgery Ward where he expired. Reportedly, the victim died of injuries he had sustained in
a road accident, as he had no marks of torture on the body.

Police sources said the constables father Mohammad Aslam and the Naseerabad police officers
had fabricated the incident and implicated Qadri in a fake murder case. It is pertinent to mention
that the administration of Lahore General Hospital and the police chowki established on the
premises of the hospital immediately informed the Naseerabad police station about the death of a
constable in a road accident.

The DSP and SP Model Town were informed about what had happened with the constable
Ashraf. However, the police registered the said case against Tahirul Qadri.

Ironically, the investigating officer, who was bound to quash the fake FIR, seemed to be reluctant
to quash the FIR. Police sources said that a case under Section 155 of Police Order could also be
registered against the IO for not quashing the fake FIR timely.