STANDING OPERATIONAL PROCEDURE FOR HUMAN RIGHTS CASES
Henceforth, Human Right complaints shall be processed and put up to the Hon’ble Chief Justice after completion of following formalities:
In the following categorization, the applications/complaints will be treated in accordance with the scope/mandate of the Human Rights Cell, Peshawar High Court, Peshawar. The Directors shall issue appropriate directions as suggested under to the concerned agencies/departments after preliminary work of recording statement of the complainant through a set procedure of physical presence of the applicant/complainant, (either in the cell or before the Senior Civil Judge/Political Agent).
1. CIVIL COMPLAINTS
S.NO |
Nature of complaint |
Procedure/Action |
Proposed Actions |
Approved/Not Approved |
1. |
Misc Cases |
The complainant will be advised to seek Legal Remedy, before the appropriate forum. |
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2. |
NGO Related Matters |
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3. |
Land Dispute |
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2. CRIMINAL COMPLAINTS
S.NO |
Nature of complaint |
Procedure/Action |
Proposed Actions |
Approved/Not Approved |
1 |
Murder Cases |
If lodging of FIR refused by concerned police then the complainant will be advised to file a petition u/s 22-A CrPC or complaint will be forwarded to area magistrate to be treated as a private complaint u/s 200 CrPC. |
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2 |
Rape Cases |
If lodging of FIR refused by concerned police then the complainant will be advised to file a petition u/s 22-A CrPC or complaint will be forwarded to area magistrate to be treated as a private complaint u/s 200 CrPC. |
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3 |
Burn/Acid Throwing Cases |
If no response from the concerned police, the complainant be advised to file application u/s 22-A CrPC before District & Sessions Judge or complaint before concerned area magistrate. |
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4 |
Complaint Against Police |
To be forwarded to higher ranking Police Officers of concerned Districts to take necessary actions. |
And to seek report and thereafter place before Hon’ble the Chief Justice. |
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5 |
Jail Complaints |
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i |
Payment of Diyat on the request of spouse/siblings or his/her relatives subject to the completion of detention period. |
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And all the Jail Complaints whether filed by the Prisoners or their families after receiving report will be placed before Hon’ble Justice Qalander Ali Khan, Administrative Judge of Prisons,for further directions. |
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ii |
Transfer of prisoner from one district/sub jail to another district. |
In this regard, the complaint will be forwarded to I.G Prisons for disposal at their end. |
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iii |
Basic necessities of jail |
Jail Superintendent will be asked for report and necessary action or it may be sent to the District & Sessions Judge concerned for redressal during Jail Visit and to be taken up in Criminal Justice Co-ordination Committee Meeting. |
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6 |
Torture Cases |
To be forwarded to higher ranking Police Officers of concerned Districts for inquiry and necessary actions |
And to seek report and thereafter place before Hon’ble the Chief Justice for further directions. |
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7 |
Protection of life |
To be forwarded to higher ranking Police Officers of Districts to take necessary actions and preventive measures if required. |
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8 |
Illegal Detention Cases |
The complainant will be advised to seek Legal Remedy u/s 491 Cr.PC, before the appropriate forum. |
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9 |
Drug Trafficking Cases |
The complainant will be advised to seek Legal Remedy, if so desire and if law permits. |
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10 |
Corruption - Bribery |
To be forwarded to Anti-Corruption or NAB or Ehtesab Commission, for necessary action. |
To seek legal remedy. |
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11 |
Swara |
To be forwarded to IGP for inquiry and necessary action. If lodging of FIR refused by concerned police then the complainant be advised to file a petition u/s 22-A CrPC or complaint be forwarded to area magistrate to be treated as a private complaint u/s 200 CrPC. |
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12 |
Child Marriage |
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13 |
Sale of Human Organ |
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14 |
Karo Kari Cases |
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15 |
Kidnapping |
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16 |
Human Trafficking |
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17 |
Forced Marriage |
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18 |
Ghag |
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19 |
Child Labour |
If complaint against respondent, employing child under the ages of 21, 18, 14 in contravention of laws of the Land as stated in: Shops & Establishment Ordinance 1969, Road Transport Workers Ordinance 1961, Factories Act 1934, Merchant Shipping Act 1923, Mines Act 1923, such respondents may be proceeded against and Labour Department, Social Welfare Department and Bait-ul-Mal; be directed to take necessary actions towards the education or rehabilitation of the child. |
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20 |
Theft / Robbery |
The complainant will be advised to seek Legal Remedy, if so desire and if law permits. |
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21 |
Criminal Miscellaneous |
To be perused and will be dealt with in accordance of approved S.O.Ps. |
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3. CONSTITUTIONAL COMPLAINTS
S.NO |
Nature of complaint |
Procedure/Action |
Proposed Actions |
Approved/Not Approved |
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1 |
Missing Person |
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Here in after,
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2 |
Political Complaints |
To be forwarded to Speaker Provincial Assembly KPK or Chief Minister Secretariat KPK, for necessary action. |
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3 |
Minorities Related Matter |
To be treated in accordance with the approved S.O.Ps. |
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4 |
Environmental Complaints |
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Be forwarded for report to DG EPA. Thereafter if grievance is not addressed be put up before Hon’ble the Chief Justice suggesting to be placed before the Hon’ble Green Bench. |
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4. BANKING COMPLAINTS
S.NO |
Nature of complaint |
Procedure/Action |
Proposed Actions |
Approved/Not Approved |
1 |
Against Bank |
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2 |
Misc: Cases |
To be treated in accordance with the approved S.O.Ps. |
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5. SERVICE RELATED COMPLAINTS
S.NO |
Nature of complaint |
Procedure/Action |
Proposed Actions |
Approved/Not Approved |
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1 |
Service Reinstatement Cases |
The complainant be advised to seek legal remedy from appropriate forum if so desire and if law permits or complaint be forwarded to concerned department for consideration and necessary action under the law. |
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2 |
Against Government Officer/Official |
The head/competent authorities of the concerned department may be directed for disposal of the case by taking necessary action as per prevailing rules and regulation. |
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3 |
Appointments/Recruitment |
Report be sought from concerned authority and if required to be placed before HCJ for converting to Writ Petition or may ask to seek legal remedy. |
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4 |
Salary Related |
To be forwarded to concerned department for n/a or may ask to seek legal remedy. |
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5 |
Quota |
To be forwarded to Concerned Dept: for necessary action.
To be forwarded to Concerned Dept: for necessary action.
May seek legal remedy if so desire and if law permit keeping in view the dicta laid down in case law 1993 SCMR page 1287 (c)as: |
And seek report, if not submitted place before Hon’ble the Chief Justice to convert into Writ Petition. |
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6 |
Pension Related |
In reference to the case law laid down by the Hon’ble Supreme Court of Pakistan reported as: PLD 2007 Supreme Court 35 - “We also direct that in future if there is any delay in the finalization of the pension benefits cases of the government servants, widow or orphan children and matter is brought to the notice of this court, the head of the concerned department shall also be held liable for the contempt of the court and shall be dealt with strictly in accordance with law”; the matter be sent for necessary actions with intimation to this office. |
And for report if not submitted or not satisfactory to be placed before Hon’ble the Chief Justice to convert into Writ Petition. |
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7 |
ACR |
The complainant will be advised to seek Legal Remedy, if so desire and if law permits. |
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8 |
Upgradation |
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9 |
Against Judicial Officer |
Complaint shall be forwarded to the office of MIT for necessary action and copy retained for office record. However, it is suggested that, report be called at intervals for follow-up, to be communicated to the complainant. |
And if a monitory corruption allegation to be placed before E.C.C and for other allegations be forwarded to M.I.T office for necessary action. |
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10 |
Against ministerial staff of Hon’ble High Court |
To be forwarded to the office of Registrar for necessary action and copy retained for office record. |
Against ministerial staff of District Judiciary call for report from concerned District & Sessions Judge to put up report before Hon’ble the Chief Justice for further orders. If report not submitted to be placed before Hon’ble the Chief Justice. |
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11 |
Against Advocate |
To be forwarded to Khyber Pakhtunkhwa Bar Council, for necessary action. |
And seek comments/report and place before Hon’ble the Chief Justice for further orders. |
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6. FAMILY
S.NO |
Nature of complaint |
Procedure/Action |
Proposed Actions |
Approved/Not Approved |
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1 |
Family Matters/Complaint Against Husband |
The complainant will be advised to seek Legal Remedy, if so desire and if law permits. |
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2 |
Visitation/Custody of Minor(s) |
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3 |
Maintenance |
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4 |
Dowry |
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7. MISCELLANEOUS
S.NO |
Nature of complaint |
Procedure/Action |
Proposed Actions |
Approved/Not Approved |
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1 |
Working Women Complaints |
To seek legal remedy under the “Protection against harassment of Women at Work Place Act, 2010”. |
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2 |
Private Organization |
The complainant will be advised to seek Legal Remedy, if so desire and if law permits. |
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3 |
Govt: Organization |
The complainant will be advised to seek Legal Remedy, if so desire and if law permits. |
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4 |
Financial Assistant |
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5 |
For Medical Treatment |
The request of complainant may be forwarded to MS of concerned Hospital or authorities of the Bait ul Maal or Social Welfare Department, for necessary action and disposal at their end. |
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6 |
For General Financial Assistance |
The request of complainant may be forwarded to authorities of the Bait ul Maal or Social Welfare department for necessary action and disposal at their end. |
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7 |
Labours |
After report from concerned department, to be treated in accordance with the approved S.O.Ps. |
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8 |
Free Legal Aid |
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And be facilitated by providing Counsel as per list submitted by President Bar Association or be forwarded to District & Sessions Judge to consider in the District Legal Aid Committee and report. |
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9 |
Against pending cases in High Court/District Court |
To be placed before HCJ for further directions |
And to be forwarded to concerned District & Sessions Judge for report to be placed before Hon’ble the Chief Justice. If directions for expeditious disposal, then call for monthly progress report after every month. |
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First report from agencies in missing person cases and those from District & Sessions Judge be called within a month and thereafter Reminders will be for 2 weeks. For all others, reports will be called for within not more than 2 weeks or as directed.
Any matter requiring immediate action, or any matter with respect to administrative order to be placed before the Hon’ble Chief Justice for appropriate orders.