Legalview
In these columns we intend to publish legal matters for the information of gen public – with emphasis on ‘what’ and ‘how to deal’ with some of the issues that we hear so much about but seldom know its background, procedure and implication
As a first issue, we will begin with registration of an FIR, and its implications
By Javaid Musarrat
Advocate

In Pakistan’ legal-culture, in courts and kachehris, is such that it’s always the poor or a person with no financial means who have to suffer, waste a lot of time in trying to meet the scheduled ‘hearing’ and run pillar to post to get justice. It is against this background that even registering a FIR (first information report) becomes a difficult job and at times one many not succeed at all.

(1) The criminal proceedings usually start with the registration of FIR against person or persons against whom the person registering FIR has grievance or grievances. Depending on what sort of complaint or grievance is being requested, against whom and who wants to get it registered, it may be an easy task or may become very difficult. Also, remember there is no fee for registeration of a FIR, nor any other charges, or amounts which has to be paid – it’s completely free.

(2) The usual way of avoiding registration at police station is a simple excuse that the thana-incharge (SHO) (station house officer) is out on a call. This is wrong – the legal understanding is that a person who wants to register a FIR has a right to do so and his/her right must be respected. But this does not happen in complicated cases and cases where some poor person with no status is trying to register FIR against an influential person.

(3) In this way, much delay is caused. Remember, the delay in registration of FIR is always beneficial for the accused person. At times, such delays may be intentional and for reasons. The time gained means alerting the party/parties against whom FIR is being registered.  

(4) The legal view is that that SHO or his subordinate deputed to handle FIR in his absence is under legal obligation to make the entry, word by word as may be narrated by the complainant. It is interesting to note that if FIR is written in a proper manner its effectiveness increases. The style of write-up is important, ‘light’ or ‘tight’ as is known in the business.

(5) Although FIR is not a substantive piece of evidence, but it demands full investigation. Also, it is FIR that forms the basis, foundation of a criminal case. If the foundation is weak there is every chance that whatever is being built will collapse. 

(6) Remember, no matter how strong a case may be, it is FIR (foundation) that must be strong.  If this is weak, the whole case will collapse and accused may go free – acquitted/ released. It is the undisputed proposition of law that ‘benefit of doubt always go to accused. It is not a concession but a matter of vested right.

(7) People forget or may not know that each and every person who may a witness / have knowledge about a crime, incident or an illegal is under moral /legal obligation to report the same/ bring to the knowledge of the concerned SHO (there are hundreds of small crimes, snatching of mobiles, wallets, ladies’ purses jewellery and vehicles but seldom a FIR is registered.

(8) Once a FIR is registered, the SHO is bound to submit the same in the Court of Learned M within 24 hours of its registration. But this is seldom obeyed like many other requirements of law.

(9) The other problem is getting a proper copy of FIR. If any accused person is desirous to have a copy of FIR to apply for bail before arrest – this too becomes difficult. A certified true copy is what is required to be submitted with bail application. Mostly, it is Munshi who holds the key to the whole affair and may be at a cost – not always though.

(10) It is time that the system is overhauled, streamlined and fully organised to present an effective and helpful means of dealing with crimes and related issues. To start with: (a) A register to be maintained in courts and a proper record kept, with date and time, pertaining to FIRs, (b) Immediate action to be taken against any violation at any level, (c) Neat, clean and readable copies must be made as a requirement of law, and (d) Delay in registering FIR must be made an offence.

The above is simply some important points for a layman to understand the legal intricacies of FIR and its registration.