Law on the cards to discourage fake FIRs: Barrister Zafarullah
By Sohail Khan
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December 08, 2017
ISLAMABAD: The government has approved a draft bill that will discourage the filing of a fake First Information Report (FIR) after becoming a law.
The arrest procedure has been toughened by making amendments to Section 54A of the CrPC and the FIR Registration Act. Talking to reporters at the Ministry of Law and Justice here, Special Assistant to Prime Minister on Law Barrister Zafarullah Khan said the drafts of six bills had been finalised.
The bills include the West Pakistan Land Revenue Act 2017, ICT Partition of Immovable Property, 2017, Islamabad Criminal Law Prosecution Services Act 2017, Islamabad Food Authority Act, Amendment to Section 54A of the CrPC and the FIR Registration Act. He said the Council of Common Interests (CCI) had recommended restoration of old magistracy system and the federal government was considering reviving the system in consultation with the provinces.
He said in the light of judgment delivered in Al-Jehad Trust case, the prime minister had approved a draft bill that had toughened the procedure for arresting people filing fake FIRs.The bill, after becoming a law, will make it binding upon the police to give solid reasons for making an arrest, while the accused will be entitled to hire a lawyer of own choice during the investigation process.
Barrister Zafarullah Khan said inheritance of agricultural land was a long unresolved issue in the federal capital and people could be seen petitioning courts for getting their share. “But now the issue has been simplified in the said law wherein the tehsildar will have the power to divide the property among the heirs,” he said, adding that now a local revenue officer could be contacted for revival of property and he would be required to resolve the issue within six months.
He said the other issue in Islamabad was transfer of immoveable property adding that the price of a plot in Sectors E and D was worth millions of rupees. He said under the law, there will be an internal auction process and one who gave the highest bid would get the plot and the money would be distributed among the heirs as per share.
The auction will be through a civil court order, he added. Referring to the issue of investigation and prosecution, Barrister Zafarullah said there was no prosecution branch and currently it was being done by the police.
He said investigation was separate from prosecution all over the world. He said a prosecution branch would be established under the Islamabad Criminal Law Prosecution Services Act 2017. Similarly, he said as there was no food authority in the federal capital; therefore, under the new law Islamabad Food Authority Act will be introduced.
He said the Islamabad mayor will be the head of food authority along with a CDA representative, a scientist, a food technologist, and one member each from the chamber of commerce, traders union and the Islamabad capital territory (ICT). Barrister Zafarullah said the food authority would be fully empowered to make decisions and issue licences.
He said an amendment was made to Section 54A in the Code of Criminal Procedure, 1898 under which the police would be required to inform a person reasons for his\her arrest besides intimating their family members. He said under another law a magistrate in the federal capital would be empowered to act against the police for not filing an FIR on a complaint. He said the magistrate will also ensure the filing of FIR.