ISLAMABAD: The Supreme Court on Wednesday held that a court may only proceed against an offence under Section182 of the Pakistan Penal Code, which pertains to providing false information to a public servant, on the basis of a written complaint from that specific public servant or a superior authority, and not otherwise.

`Any other interpretation of Section 182 of the PPC would result in multiplying criminal litigation arising out of the same proceedings and would open the floodgates for filing frivolous cases in every matter where the complainant could not succeed for reasons such as jurisdictional defects, limitation, insufficient evidence, or benefit of doubt,` observed Justice AgeelAhmedAbbasi in a 10-page order.

Justice Abbasi, sitting on a two-judge Supreme Court bench, was hearing an appeal filed by Ali Adnan Sheikha against the May 29 order of a judge of the Sindh High Court (SHC). The case essentially revolved around the question of who was competent to initiate proceedings under Section 182 of the PPC.

The judge observed that cognisance by a magistrate in the given case could only have been taken on a written complaint from the concerned police officer, whereas the ex-officio justice of peace had no locus standior authority to directthe filing of a complaint under Section 182 of the PPC. The ruling thus clarified the jurisdictional boundaries between magistrates, police officers, and justices of peace.

Through his appeal, Mr Sheikha had sought action against respondents Muzzamil Ali Sheikha and Mustansar Ali Sheikha, alleging they lodged a false FIR and gave false evidence against him and his late father some 20 years earlier, a matter which had caused pro-longed litigation and personal distress.

The Supreme Court, however, upheld both the SHC`s May 29 ruling and the Sessions Court decision, which had refused to direct the police to register a case under Section 182 of the PPC against the respondents, making it clear that mere allegations of a false FIR could not automatically justify fresh criminal proceedings.

In its ruling, the SC emphasised that under Section 195 of the Criminal Procedure Code, courts are barred from taking cognisance of offences under Sections 172-188 of the PPC, including giving false information under Section 182, unless a written complaint is filed by the concerned public servant. The provision was described as a safeguard against misuse of the criminal justice system.

While dismissing the appeal, Justice Abbasi also imposed a cost of Rs25,000 on the petitioner, stating that the SHC judge had ably addressed all factual and legal issues in line with the law, and that the impugned judgement suffered from neither factual error nor legal infirmity.