Tag: law

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What To Do If Police Refuse to Register Your FIR in Pakistan – Legal Remedies

In Pakistan, the First Information Report (FIR) is the first step in the criminal justice process. Under the law, police are required to register an FIR when information about a cognizable offence is provided.

However, many citizens face situations where the police refuse to register their FIR. Fortunately, Pakistani law provides several remedies to ensure that justice is not denied.

Below are the legal options available if the police refuse to register an FIR.

1. Submit a Written Complaint to the SHO

The first step is to submit a written application to the Station House Officer (SHO) of the concerned police station.

The complaint should include:

  • Full name and address
  • Details of the incident
  • Date, time and location
  • Names of accused (if known)

Always keep a copy of the application for record.

2. Approach Senior Police Officers

If the SHO refuses to register the FIR, you can approach higher police authorities such as:

  • SDPO
  • DSP
  • DPO
  • CCPO / RPO

Senior officers have the authority to order registration of the FIR.

3. File an Application Under Section 22-A CrPC

One of the most effective legal remedies is to file an application under Section 22-A CrPC before the Justice of Peace (usually the Sessions Judge or Additional Sessions Judge).

The court may:

  • Direct police to register the FIR
  • Order an inquiry
  • Ensure lawful action by the police

This is a commonly used legal remedy in Pakistan.

4. Send Complaint Through Registered Post

Another option is sending a complaint to the police station or senior officers through registered post or courier. This creates an official record of your complaint.

5. File a Private Criminal Complaint

If police still fail to take action, a person may file a private criminal complaint directly before the Magistrate.

The court may then:

  • Record evidence
  • Summon the accused
  • Start criminal proceedings

Important Legal Principle

Under Pakistani criminal law, police cannot refuse to register FIR in cases involving cognizable offences. If they do, the aggrieved person has the right to approach the courts.

Legal awareness empowers citizens to protect their rights and seek justice through lawful means.

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Weekly Law News Update (07-03-2026)

⚖️ Ahsan Legal Services

Court Decisions • Legal Developments • Legal Awareness

🏛️ Supreme Court Moves to Protect Witnesses from Abusive Cross-Examination

The Supreme Court has emphasized that witnesses must be treated with dignity during trial proceedings and warned against abusive or humiliating cross-examination practices. Trial courts have been advised to intervene where questioning becomes oppressive or irrelevant.

📌 Legal Insight: Courts have the authority to control cross-examination to ensure fairness and protect witnesses from harassment.

— Ahsan Legal Services

👩‍⚖️ Lahore High Court: Women May File Khula Cases in Their District of Residence

The Lahore High Court ruled that women can file khula and haq-mehr cases in the district where they reside, making access to justice easier and reducing unnecessary hardship.

📌 Legal Insight: Family courts should facilitate litigants and avoid forcing women to travel to distant jurisdictions.

— Ahsan Legal Services

⚖️ Three Civil Judges Dismissed Over Misconduct

The Lahore High Court has dismissed three civil judges from Lahore, Rawalpindi, and Jhelum after misconduct allegations were proven through an inquiry.

📌 Legal Insight: Judicial accountability mechanisms ensure integrity and discipline within the judiciary.

— Ahsan Legal Services

🏛️ Federal Constitutional Court Reinforces Finality of Supreme Court Judgments

The Federal Constitutional Court has clarified that parallel appeals cannot be filed against decisions of the Supreme Court, emphasizing that litigation must eventually come to an end.

📌 Legal Insight: The Supreme Court remains the final authority on constitutional interpretation in Pakistan.

— Ahsan Legal Services

📜 Supreme Court Reviews Scope of Presidential Clemency Powers

The Supreme Court’s Shariat Appellate Bench has sought legal assistance regarding the extent of the President’s and Governors’ powers to grant pardons or sentence remissions under Qisas and Diyat laws.

📌 Legal Insight: The decision may clarify limits of executive clemency in criminal cases involving Islamic criminal law.

— Ahsan Legal Services

📢 Legal Tip of the Week

Before purchasing property, always verify:

✔ Approved housing scheme status
✔ Ownership documents
✔ Pending litigation or encumbrances

📌 Proper due diligence can prevent years of litigation. — Ahsan Legal Services

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3-DAYS LEGAL BOOTCAMP – COHORT 1

legal boot camp

🗓 16, 17, 18 May 2025

🕒 12:00 PM – 05:00 PM Daily

This exclusive bootcamp is designed to offer aspiring legal minds a comprehensive and practical walkthrough of the legal process. Participants will engage in hands-on activities, guided drafting, live demonstrations, and role plays across three core domains:

⚖ Day 1: Family Law Practice

⚖ Day 2: Civil Litigation Process

⚖ Day 3: Criminal Trial

🔗 Register now through the link provided: https://docs.google.com/…/1FAIpQLSd7SCJGcDX…/viewform…

🎯 Limited seats — Priority for early registrants.

Who Should Join?

– Undergraduate Law Students

– Fresh LLB Graduates

– Aspiring Legal Professionals

– Practicing Advocates seeking courtroom skill sharpening

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Principles under The Punjab Pre-emption Act 1991

The Punjab Pre-emption Act, 1991(the “Act”) sets the stage for an intriguing legal journey, highlighting the necessity of re-enacting the existing law on pre-emption in order to align it with the profound teachings of Islam as found in the Holy Qur’an and Sunnah. The Act, , has repealed the Punjab Pre-emption Act, 1913 and holds sway over the entire province of Punjab.
Delving into the heart of the matter, the right of pre-emption originates when immovable property is sold. This right of preference is vested in three distinct categories:

Shafi Sharik: who happens to be a co-owner of the undivided immovable property being sold;

Shafi Khalit: who possesses special rights linked to the sold property, such as the right of passage, access to water, etc; and

Shafi Jar: who happens to be the owner of an adjacent immovable property.
The exercise of the right of pre-emption is only permissible in cases of necessity or to avert potential harm. The right of pre-emption retains its potency only if the pre-emptor follows the prescribed order of demands:

First, there is talb-i-muwathibat, which entails the pre-emptors’ immediate declaration of their intention to exercise the right of pre-emption during the sitting or meeting where they become aware of the sale;

Subsequently, talb-i-ishhad require the pre-emptors to dispatch a written notice, supported by two truthful witnesses, to the vendee, confirming their intention to exercise the right of pre-emption within two weeks of learning about the sale. Nevertheless, in areas where registered notice is impractical, talb-i-ishhad can be made in the presence of two truthful witnesses; and

After fulfilling the requirements of above-mentioned demands, , eventually, the pre-emptors may make talb-i-khusumat i.e., the filing of suit in the court of competent jurisdiction to enforce their right of pre-emption.
When more than one person has rights related to the immovable property being sold, the person with the special right has priority over the person with the general right. Additionally, if a class or group of people has the right to pre-emption, then all members of that class or group may jointly exercise that right and if any of them withdraws before a court ruling then the remaining pre-emptors are entitled to the entire property if their initial claim encompassed the entire property. Additionally, any two or more members may exercise the right individually, if they desire so
The pre-emption right does not apply to trees or buildings that are sold separately from the land they are on. However, if land is sold with trees and structures, the trees and structures are regarded as a part of the land are protected by the pre-emption right. Furthermore, pre-emption does not apply to all properties, though, as those utilized for charitable, religious, or public purposes as well as those owned by the government or a local authority are exempt.
Both Muslims and non-Muslims are able to use the right of pre-emption against each other, however there are some guidelines and limitations. This right cannot be split or transferred, and both parties must argue in favor of the full property. The property will be divided equally between the pre-emptor and the vendee if they both have equal pre-emption rights.
In cases where an individual is unable to fulfill the aforesaid demands, their guardian or agent may act on their behalf. It is worth noting that the right of pre-emption is considered waived if the pre-emptor agrees to the sale or performs an act or omission that implies a relinquishment of the right. However, in the event of the pre-emptor’s demise after making any of the demands, the right of pre-emption may pass on to their successor, introducing a captivating element of succession. One-third of the sale price of the property must be deposited in the Court within a certain time period by the plaintiff in a pre-emption action. If the pre-emptor wins in court, they have thirty days to settle the remaining balance. Conflicts over the asking price are resolved by the Court, which establishes the property’s market value based on elements such the actual sale price, projected yearly net profits, the cost of comparable properties in the area, and prior sales.
There is a time limit for enforcing the right of pre-emption. A suit has to be filed within four months from the registration of the sale deed or attestation of the mutation. In certain cases, the period of limitation for pre-emption suits extends to one year, requiring the pre-emptor to establish their claim in the presence of two credible witnesses. And so, the rules of pre-emption are set, governing the interactions between Muslims and non-Muslims and ensuring justice in property transactions.

Authors:
Bushra Islam
Moeez-ur-Rehman Khan.

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Understanding the Illegal Dispossession Act, 2005

(Compiled by our fellows namely: Samia Tehreem and Ali Zaib, students of Faculty of Law, University of Central Punjab, Lahore.)

The Act imposes punishment i.e., imprisonment, and fine,on the person who illegally dispossesses a person from his immovable property. The offender may also be arrested after obtaining an arrest warrant. In addition to this, the victim is also entitled to compensation under the Act.

The Illegal Dispossession Act, 2005 (the “Act”), protects the right of possession of lawful occupiers and owners of immovable property by preventing its illegal dispossession by property grabbers and Qabza groups. An occupier is the person who has possession of the immovable property, whereas an owner is the person who owns the immovable property, as defined by the Act. The Court of Sessions has got the exclusive jurisdiction pertaining to cases under the Act.

The speedy and simple procedure for disposal of the case has been provided in the Act. Proceedings are initiated by filing a complaint before the Court of Sessions. Upon instructions, the SHO, after investigation, submits the report thereof. Besides, the Court may also require a report after local inquiry from a Magistrate or a Revenue officer. Under the Act, the case must be concluded within 60 days without unnecessary adjournments, however, in the interest of justice an adjournment for not more than seven days may be granted. Further, in case of dismissal of complaint being false or frivolous, the complainant may also be burdened with compensatory cost up to five lac rupees.

The Court may evict the illegal possessor and restorethe possession of occupier/owner during the pendency of the case on temporary basis.The Court may implement its orders through officials/officers and even through police force. If the Court concludes that an offence has been committed, the final order may also be implemented in the same manner. An appeal lies against orders within 30 days in the Honorable High Court.

The question now is why such legislation was needed when laws on the same subject already exist. A person who has been illegally evicted from his land may also initiate a claim under Section 9 of the Specific Relief Act of 1877. The leading judgement of the Full Bench of the High Court, titled Zahoor Ahmad vs Stated, reported as PLD 2007 LHR 231, demonstrates the significance of this Act, in which the Lahore High Court has drawn the yardstick vis-à-vis application of the Act.

According to this judgment, the complaint under this Act can only be filed against persons involved in previous activity connected with illegal dispossession or some persons who made organized or calculated effort individually or in groups to illegally dispossess someone of their property. It cannot be filed against ordinary persons who are not property grabbers or when the matter of possession of the relevant property is being regulated by a civil or revenue court.

The same principle was upheld by Supreme Court in a case titled Bashir Ahmad vs Additional Sessions Judge, Faisalabad, reported as PLD 2010 SC 661, where it was stated that when no material is available as to show that accused person belongs to a Qabza group, the complainant cannot attempt to transfer a civil dispute into a criminal case as same will amount to the abuse of the process of law.

The term “property grabbers” is used in the Act’s Preamble but is not defined anywhere in the Act. Members of the National Assembly and Senate unanimously agreed that this term is synonymous with Qabza Mafia. As a result, any other application of the Act would be contrary to its spirit. The scope of the Act is limited to cases related to Qabza Mafia.

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West Pakistan Family Courts Act 1964 – A Comprehensive Summary

(Compiled by our fellows namely: Mariah Khurshid, Raja Shoaib Wali, Ibrar Ahmad Khan and Fawad Khan. All students of Faculty of Law, University of Central Punjab, Lahore.)

The preamble of the West Pakistan Family Courts Act, 1964 (the “Act) states its purpose as settlement of the disputes in regards to marriage and family affairs.

The Act extends to the whole of Pakistan except the tribal areas. Section 5 provides for the Jurisdiction of the Family Court (the “Court”). Generally, the court will have special jurisdiction over the family matters including dissolution of marriage, dower, maintenance, restitution of conjugal rights, custody of children, guardianship, jactitation of marriage, etc. in addition to a few offenses of hurt, etc. arising out of family disputes. The Court is not bound to adopt ordinary and lengthy procedures of trial and evidence like ordinary Civil Courts to curtail the period.

The Court is also empowered to pass an interim order for the protection and preservation of property in dispute.

As per the Rules of 1965 under the Act, the plaint can be filed in the District where the cause of action wholly or in part has arisen or where the parties reside or last resided together. In suits for dissolution of marriage or dower, plaint can also be filed in the District, where the wife ordinarily resides.

The judge of the Court (the “Judge”) has to have the qualification to be appointed as District Judge or an Additional District Judge. The judges are to be appointed by the Government in every district including at least one women Judge. The Judges are also equipped with the power of the Judicial Magistrate’s 1st class.

For the Act, Family Court is deemed to be District Court, whereas, District Judge or Government may determine the place of sitting of the Court.

According to the Act, every suit is to be initiated by filing a plaint containing material facts along with a schedule stating the particulars of witnesses intended to be a procedure in support. Also, the parties may call any witness at any later stage if the Court deems it necessary in the interest of justice. It is also mandatory to file the list of documents that are attached with the plaint as well as the documents to be produced later.

After receiving the plaint, the Court fixes a date within the next 30 days for the appearance of the defendant by serving the summons. The Court also sends notice of the suit to the defendant and to the chairman of the union council within whose jurisdiction the defendant resides, by registered post along with a copy of the plaint. On the date fixed the parties may make their appearance before the Court. 

A distinctive feature of the Act is that if the defendant (husband) is desirous of filing a suit for restitution of conjugal rights, he, instead of doing so, may claim this relief in the written statement of the plaint of dissolution of marriage, filed against him. By this, he does not need to file a separate suit, and his written statement, to the extent of claim of restitution of conjugal rights shall be treated as his plaint. Likewise, a defendant (wife) may also claim dissolution of marriage through her written statement of plaint claiming restitution of conjugal rights instead of a separate suit.

Further, if a defendant does not appear on the fixed date the court will proceed ex-Parte which the defendant may challenge within 30 days of the service of notice of passing out the decree.

Another weighty feature of the Act is the statutory obligation of the Court to make an active effort for reconciliation of the parties twice. Firstly, before proceeding with the formal trial once a written statement from the defendant is filed, and secondly, before pronouncement of judgment after the conclusion of the trial.

If after pre-trial conciliation efforts, no compromise is reached, the court shall frame the issues and fix the date for recording of evidence. Nevertheless, in a suit for dissolution of marriage, if such effort for compromise fails, the Court shall pass a decree for dissolution of marriage (if on ground of Khula) immediately and the husband will be entitled to restoration of a portion of dower (haq-mehr) if already paid or waiver thereof. Likewise after the recording of evidence of both parties the Court will make another attempt to affect a compromise between the parties, and in case of failure, the judgment will be announced.

The Court is bound to dispose of the case within 6 months from the date of the institution. If the case is not decided within this stipulation, either party may approach the High Court for appropriate order/direction.

Generally, the decree passed by the court is appealable. However, no appeal lies in the case of dissolution of marriage (except in few cases), for dower/dowry not exceeding Rs. 30,000 and for maintenance of Rs. 1,000 or less. Also, no right of appeal and revision against an interim order passed by the court exists. The appellate court is also to dispose of the appeal within 4 months.

If a person insults the Court, causes impediment in the work of the court, misbehaves with any person in court, refuses to answer any question put by the court, or refuses to take an oath he can also be held responsible for contempt of court.

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ALS SIGNED MOU WITH TOP RANKED UNIVERSITY

It is delightfully announced that ‘Ahsan Legal Services’ has entered into a Memorandum of Understanding with Faculty of Law, University of Central Punjab.

The MoU sets sight on formal academic internships in summers for Law students to observe and learn the practical application of legal knowledge and theories which they have acquire during their studies at campus.

ALS is a unique organization consisting a bouquet of professional and academia lawyers and former judges having command in their respective fields including litigation, transactional tasks, opinions and customized trainings.

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REJECTION OF PLAINT UNDER RULE 11, ORDER VII, CPC — GROUND OF LIMITATION.

As per rule 6 of Order VII, Code of Civil Procedure, 1908, where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed. And as per section 3 of the Limitation Act 1908, every suit instituted after the period of limitation shall be dismissed, although limitation has not been set up as a defence.In general, matter of limitation is treated as mixed question of law and facts to be decided after recording of evidence, however, in cases, where there is no FACTUAL controversy to the extent of matter of limitation, this question can be decided from bare perusal of plaint and annexed documents. And if suit appears to be hopelessly time barred after relevant law is applied on the facts/assertions mentioned in the plaint, the same can be rejected under rule 11, order VII, CPC. In a case reported as 2015 CLC 708, the Hon’ble Court has rejected the plaint under rule 11, order VII, CPC being barred by time.