SC warns of suo motu notice if FIR of attack on Imran not registered in 24 hours

[Ssan]

Not exactly. Unless he has proof (that he claimed) he will be in trouble:

What is the procedure of filling an FIR?
The procedure of filing an FIR is prescribed in Section 154 of the Code of Criminal Procedure, 1898. It is as follows:
1. When information about the commission of a cognizable offence is given orally, the police must write it down.
2. It is your right as a person giving information or making a complaint to demand that the information recorded by the police is read over to you.
3. Once the police have recorded the information in the FIR Register, the person giving the information must sign it.
4. You should sign the report only after verifying that the information recorded by the police is as per the details given by you.
5. People who cannot read or write must put their left thumb impression on the document after being satisfied that it is a correct record.
6. Always ask for a copy of the FIR, if the police do not give it to you.
7. It is your right to get a copy of FIR free of cost.

What should you mention in the FIR?
1. Your name and address;
2. Date, Time and Location of the incident you are reporting;
3. The true facts of the incident as they occurred, including the use of weapons, if any;
4. Names and description of the persons involved in the incident;
5. Names and addresses of witnesses, if any. (Format used by the police for the registration of FIR is attached).

Things you should NOT do:
1. Never file a false complaint or give wrong information to the police. You can be prosecuted under law for giving wrong information or for misleading the police (Section 182 of the Pakistan Penal Code, 1860).
2. Never exaggerate or distort facts.
3. Never make vague or unclear statements.
4. One who refuses to sign his statement of FIR can be prosecuted under section 180 of Pakistan Penal Code, 1860.
5. One who lodges a false charge of offence made with intent to injure a person can be prosecuted under section 211 of Pakistan Penal Code, 1860.



Please quote the relevant law, thanks.

Yes IK can name anyone in FiR he believes is relevant according to law. This first step can be done without presenting any proofs.

When the investigation starts, then he has to have proof or else he could be in trouble. But we have not gotten to that step yet as the fir still has not been filed.

 

[PakSword]

No problem. Let us wait for the FIR and what it says.

It is not about what the FIR says.

It is about what the law allows an individual to report.

 

[VCheng]

It is about what law allows an individual to report.

The law allows any person to report a cognizable offence, that is all.

 

[PakSword]

Yes IK can name anyone in FiR he believes is relevant according to law. This first step can be done without presenting any proofs.

When the investigation starts, then he has to have proof or else he could be in trouble. But we have not gotten to that step yet as the fir still has not been filed.

Exactly.

 

[PakSword]

The law allows any person to report a cognizable offence, that is all.

Lol, did I mention about the cognizable offence?

By the way, police is not allowed to file a FIR for a non-cognizable offence.

Question: Why did court ask the police to file a FIR? Do you think it was a non-cognizable offence even then court instructed police to file the report?

 

[villageidiot]

Is this real?

yeah, but SHO Wazirabad still refused PTI lawyers team afterwards. Says he'll only file it if his higher ups tell him to and that the supreme court can go hug a cactus (i am paraphrasing)

 

[HAIDER]

 

[Imran Khan]

ہماری پھوج کا سیدھا سا جواب ہے
اس ملک میں وزیر داخلہ پر ایف آئی آر ہو سکتی ہے
وزیر اعظم پر ایف آئی آر ہو سکتی ہے
صدر مملکت پر ایف آئی آر ہو سکتی ہے
مادر ملت پر بھی ایف آئی آر ہو سکتی ہے
حتی کہ اگر موڈ بن جائے تو قائد اعظم پر بھی ایف آئی کرا سکتے ہو

لیکن خبردار جو ہمارے سینیارٹی میں 100 ویں نمبر والے جرنیل کی طرف آنکھ اٹھا کر دیکھا تو ایف آئی آر کی بتی بنا دیں گے​

 

[PakSword]

The law allows any person to report a cognizable offence, that is all.

By the way, you still have to show me where does the law says that the complainant has to provide evidences at the time of filing a FIR?

 

[VCheng]

Question: Why did court ask the police to file a FIR?

The law requires an FIR after the murder/attempted murder incident.

 

[villageidiot]

It needs more than mere accusations to be named in an FIR. Let IK present the evidence of their involvement that he claims to possess. Where is it?

Hate to break it to you but no, it doesn't. It's First Information Report. The proof part comes later. You just have to build a story. Then worry about proving it right, afterwards.
Names mentioned in there can be dropped or new names can be added after preliminary investigation but the FIR must be filed as is, legally speaking of course.

 

[PakSword]

The law requires an FIR after the murder/attempted murder incident.

 

[epebble]

Not exactly. Unless he has proof (that he claimed) he will be in trouble:

What is the procedure of filling an FIR?
The procedure of filing an FIR is prescribed in Section 154 of the Code of Criminal Procedure, 1898. It is as follows:
1. When information about the commission of a cognizable offence is given orally, the police must write it down.
2. It is your right as a person giving information or making a complaint to demand that the information recorded by the police is read over to you.
3. Once the police have recorded the information in the FIR Register, the person giving the information must sign it.
4. You should sign the report only after verifying that the information recorded by the police is as per the details given by you.
5. People who cannot read or write must put their left thumb impression on the document after being satisfied that it is a correct record.
6. Always ask for a copy of the FIR, if the police do not give it to you.
7. It is your right to get a copy of FIR free of cost.

What should you mention in the FIR?
1. Your name and address;
2. Date, Time and Location of the incident you are reporting;
3. The true facts of the incident as they occurred, including the use of weapons, if any;
4. Names and description of the persons involved in the incident;
5. Names and addresses of witnesses, if any. (Format used by the police for the registration of FIR is attached).

Things you should NOT do:
1. Never file a false complaint or give wrong information to the police. You can be prosecuted under law for giving wrong information or for misleading the police (Section 182 of the Pakistan Penal Code, 1860).
2. Never exaggerate or distort facts.
3. Never make vague or unclear statements.
4. One who refuses to sign his statement of FIR can be prosecuted under section 180 of Pakistan Penal Code, 1860.
5. One who lodges a false charge of offence made with intent to injure a person can be prosecuted under section 211 of Pakistan Penal Code, 1860.



Please quote the relevant law, thanks.

Can Khan file an affidavit claiming he received threats directly (or an unnamed third person informed him about threat to his life) from the said three suspects? If the affidavit is later proved to be false, he may be prosecuted for filing a false affidavit. Khan filing an affidavit gets over the deadlock that police don't have a probable cause to name the three suspects.

 

[VCheng]

By the way, you still have to show me where does the law says that the complainant has to provide evidences at the time of filing a FIR?

I did not say that. Accusations cannot be made baselessly since the lack of supporting evidence will come back to land IK in trouble. You still have to show the law that the complainant can: "(although the law is clear that police must write what a complainant is asking them to write)".

 

[villageidiot]

He obviously has proof. This guy wasn’t born yesterday.

He'll try to combine the entire saga into this case. Like he said, he welcomes the judicial commission proposed by diggi wali sarkar but also wants it to investigate, cypher gate, arshad sharif assassination and azam swati case as well. and wants an open hearing