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CHAPTER 6
CASES AGAINST GOVERNMENT SERVANTS

PART B -- CRIMINAL CASES AGAINST POLICE OFFICERS

*[1. District Magistrates shall not ordinarily try cases against Police Officers.- The High Court, with the approval of the Provincial Government, is pleased to direct that all charges against Police Officers, which are triable by ordinary Courts, shall ordinarily be inquired into and tried by Judicial Magistrates of the First Class.]

2. ^***[Omitted].

3. Criticism of conduct of Police officers in judgments.-- For judgments criticising the conduct of Police see Chapter 1-H., paragraph 6.

4. Action to be taken on such criticism.-- Attention is also invited to Police Rule 16.38 (6) which runs as follows:-

"In cases in which strictures are passed on the conduct of the police by a Sessions Court or by a Magistrate's Court and no specific recommendation is made by the Court making such strictures that an enquiry should be made, the District Magistrate will decide whether an investigation into the matter is necessary and if so whether it shall be conducted by the Police officer or by a selected Magistrate having Ist class powers. If he decides that an investigation shall be made, the procedure subsequent to such investigation shall be that laid down in sub-rule (2) above. In cases in which the court passing strictures on the conduct of the police suggests that an enquiry should be made, the District Magistrate will comply with such request in accordance with the procedure prescribed in paragraphs (1) and (2) above.

When strictures on the conduct of the Police are made by the High Court and communicated to the Provincial Government direct in accordance with paragraph (5) above, the instructions of Government as to the action to be taken by the local authorities will be communicated to them through the ordinary channels. In cases in which the High Court suggests that an enquiry should be made, the Provincial Government will give orders accordingly."

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