Is it a violation of the law?”, the Chief Justice of Pakistan asked. “This notice has been under section 160 of the Criminal Procedure Code, it is a notice before registration of the FIR,” CJP said. “This notice can be served to me tomorrow, why do you presume that they will register the FIR? At a time, an officer comes under heavy pressure from above and issues a notice but does not register an FIR, or arrest the person. In this notice they could also summon someone as a witness,” CJP said.
“When you show us something illegal then we can declare it void, we will not declare a legal act as null and void,” the chief justice said.
“It is necessary to provide complete details of the case with the notice,” Barrister Salahuddin argued. “I will be informed of the reason first if I am being summoned to the police station,” he said.
“You are saying the FIR has been compulsory before being summoned. The officer may call you for verification of facts before registration of the FIR,” the chief justice said.
Justice Naeem Akhtar Afghan said that registration of the FIR comes first and summon after it. “Do you want notice under section 157, instead of section 160,” he asked.
“The notice can be served after registration of the FIR,” Barrister Salahuddin said.