Latest news with #2022Act
Express Tribune
3 days ago
- Express Tribune
LHC transfers custodial death cases to FIA
The Lahore High Court (LHC) has ruled that cases involving torture or custodial deaths, if falling under the Torture and Custodial Death (Prevention and Punishment) Act, 2022, must be transferred from local police to the Federal Investigation Agency (FIA), provided that courts have not yet taken cognizance of the matter. Justice Tariq Saleem Sheikh issued the directive while hearing the post-arrest bail petition of police official Aftab Mehmood. The petitioner, along with colleagues, was accused of torturing a suspect, Shehroze Haider, during custody in a robbery case. The alleged torture led to Haider's death and an FIR was registered at Lorry Adda Police Station, Gujrat, under the Pakistan Penal Code and Police Order 2002. The High Court questioned the jurisdiction of the local police, stating that such cases must be prosecuted under the 2022 Act and fall under FIA's jurisdiction. Justice Sheikh addressed three legal questions: the proper procedure for prosecuting offences under the Act; whether FIRs registered by local police could be transferred to the FIA; and the status of prior investigations by local police. The ruling clarified that if courts have not taken cognizance of such cases, the local police must cancel the FIR, and the FIA must register a new one. However, if the trial has begun, the existing FIR will stand, and no new FIR will be required. Regarding evidence collected by unauthorised agencies, Justice Sheikh noted that while procedural irregularities may exist, they do not necessarily vitiate the trial unless prejudice or injustice can be demonstrated. He further held that under Section 156(2) CrPC, investigations by an unauthorised agency remain valid unless they have resulted in injustice. The FIA, upon transfer of such cases, can assess the existing evidence and submit a new or supplementary report as required.
Express Tribune
4 days ago
- Express Tribune
LHC orders transfer of torture, custodial death cases to FIA, nullifies police FIRs
Listen to article The Lahore High Court (LHC) has ruled that first information reports (FIRs) registered by local police under general laws, despite falling within the scope of the Torture and Custodial Death (Prevention and Punishment) Act, 2022, must be cancelled and the matter transferred to the Federal Investigation Agency (FIA), provided that the courts have not yet taken cognisance. The ruling came from Justice Tariq Saleem Sheikh during the hearing of a post-arrest bail petition filed by a police official, Aftab Mehmood. The accused, along with colleagues, allegedly tortured a suspect, Shehroze Haider, in custody during a robbery case, resulting in serious injuries that led to his death. Following the incident, Lorry Adda Police Station in Gujrat registered an FIR under Sections 302, 342, and 34 of the Pakistan Penal Code (PPC), along with Section 155-C of the Police Order, 2002. The FIR, however, was registered under general penal laws, despite the fact that it falls within the ambit of Torture and Custodial Death (Prevention and Punishment) Act 2022, which designates the FIA as the investigating authority. The court examined three legal questions: (i) What is the procedure for prosecuting offences under the 2022 Act? (ii) If an FIR alleging custodial death, torture, or rape is registered under general law (PPC) by local police in contravention of the 2022 Act, can it be transferred to the FIA? If so, what is the legal mechanism for such a transfer? (iii) If such a transfer is permitted, what is the legal status of the investigation conducted by the local police and the evidence collected before the transfer? These issues were deemed by the court to be of immense public importance, involving the interpretation of statutory law and the constitutional right to a fair trial under Article 10-A. Justice Sheikh observed that while the Police Rules do not apply to the FIA by default, the agency may adopt analogous procedures, such as Rule 25.7 of the Police Rules. Where the local police have already submitted a report under Section 173 of the Criminal Procedure Code (CrPC), the next steps depend on whether a trial court has taken cognisance. 'If cognisance has not been taken, the case may still be transferred to the FIA, preferably with the court's permission. In that event, the local police shall cancel the FIR and the FIA shall register a new one,' Justice Sheikh ruled. 'On the other hand, if cognisance has already been taken and trial proceedings have commenced, the FIR registered with the local police remains in the field and cannot be cancelled, nor is the FIA required to lodge a fresh FIR,' he added. Regarding the legal status of investigations conducted by local police in cases governed by the 2022 Act, Justice Sheikh stated that the issue must be assessed under two scenarios: (a) where the Section 173 CrPC report has not been submitted, or has been submitted but the trial has not commenced; (b) where the court has taken cognisance and the trial has commenced. He further stated that an investigation carried out by an agency lacking proper jurisdiction constitutes a procedural irregularity. However, under Section 156(2) CrPC, actions by police in cognisable cases cannot be challenged on grounds of lack of authority, provided the accused has not been prejudiced and no miscarriage of justice has occurred. Rules 25.5 and 25.6 of the Police Rules also support the preservation of proceedings and evidence collected by the local police. Therefore, procedural irregularity alone does not invalidate the trial. If a case is transferred to the FIA before the submission of the report under Section 173 CrPC, the FIA is authorised to evaluate the existing material and prepare its report. In cases where the police have already submitted a report before the transfer, the FIA may submit a supplementary report if deemed necessary, even after trial proceedings have begun. Justice Sheikh also clarified that cognisance taken by a competent court is legally distinct from the investigation process. Once cognisance has been taken, any earlier procedural misstep, such as an FIR registered by an unauthorised agency, does not vitiate the trial.
Scoop
04-07-2025
- Sport
- Scoop
Fears Grow That 75% Of Incorporated Community Sport Groups Under 1908 Act May Be Dissolved By April 2026
New analysis undertaken by the New Zealand Amateur Sport Association, suggests that around 75% of incorporated community sport organisations (ICSOs) currently registered under the 1908 Act could be dissolved in April 2026, if the current low ICSO reregistration rate continues. Between 25 April 2025 (when the Association last analysed ICSO re-registration rates) and 3 July 2025 (a period of 47 working days), the Association has calculated that only around 280 ICSOs have re-registered under the Incorporated Societies Act 2022. Based on the Association's analysis of the Register of Incorporated Societies, more than 75% of currently registered ICSOs (currently registered under the repealed 1908 Act and the new 2022 Act), are still to re register under the 2022 Act. There are only 189 working days left before the auto-dissolution date of 5 April 2026 (when ICSOs which fail to re-register will lose their incorporated status), meaning that (on average), more than 20 incorporated community sport organisations will need to re-register every working day between now and then, if the current number of ICSOs operating in New Zealand are to continue to exist. Based on the average number of re-registrations over the past 47 days (if that rate is maintained), this means that on 6 April 2026 (the day after final re-registrations will be accepted by the Registrar of Incorporated Societies), around 75% of incorporated community sport organisations currently registered under the 1908 Act will be automatically dissolved. Even if that dire prediction does not eventuate, a 50% (or even a 30%) dissolution rate could still be a disaster for community sport in New Zealand. (The overall re-registration for all incorporated societies continues to be worryingly low, with well over two thirds of current incorporated societies still to re-register). The re-registration rate for more than 40% of sport codes monitored by the Association is less than 20%, with some codes (such as equestrian sports) below 5%. The Association has long warned Government of a looming extinction event for ICSOs arising from legislative reform, well before the new Incorporated Societies Act became law in 2022. We encourage Government to 'read the room' and immediately extend the compliance date for all incorporated societies for at least another 12 months, while also introducing the Incorporated Societies (Small Societies) Amendment Bill, supported by the Association, to Parliament for debate, without delay.
The Hindu
04-06-2025
- Business
- The Hindu
Bangladesh drops the title of ‘Father of the Nation' for Sheikh Mujibur Rahman
The interim government of Bangladesh changed a 2022 Act and removed the mention of Sheikh Mujibur Rahman as the 'Father of the Nation'. The development came soon after the interim administration led by Prof. Mohammed Yunus brought in a new set of currency notes that removed the image of Sheikh Mujibur Rahman. The new notification brought on June 3 does not refer to Sheikh Mujib as the 'Father of the Nation' while referring to the war of 1971 and the role of freedom fighters. In contrast, the 2022 Act referred to him as Jatir Pita, (Father of the Nation) at multiple points while describing the heritage of the war of 1971. Earlier this week, the Yunus government introduced a series of currency notes that depicted the pluralistic heritage of Bangladesh while removing the well-known image of Mujibur Rahman that is seen in existing currency notes of Bangladesh. The interim government has defended the removal of Sheikh Mujibur Rahman from the 'Liberation War Act ' and said, he continues to be a 'freedom fighter'. In a statement to the media, the interim government said, 'President of the 1971 government of Bangladesh-in-exile Sheikh Mujibur Rahman and other leaders like Tajuddin Ahmed, Mansur Ali, and AHM Quamruzzaman continue to be freedom fighters'. Under the Bir Mukti Joddha category, the 2022 law used to include veterans of Mujib Bahini, one of the several guerrilla outfits of 1971, as the 'freedom fighters'. However, the latest version of the act skips the mention of Mujib Bahini. The latest notification means the surviving members of the Mujib Bahini and their family members will not be eligible to claim the benefits that are given to the 1971 freedom fighters in Bangladesh. The new definition of freedom fighters, as per the notification, will include people who helped the cause of independence by advocacy and campaigning while being outside or inside the country. Adding a new section to the definition of freedom fighters, the new act has included, 'Associates of Liberation War' or those who 'supported freedom of Bangladesh during 26 March to 16 December 1971'. The interim government formed after the Sheikh Hasina government's removal in August 2024 has been vocal about the alleged excesses committed during the Awami League's rule of 15 years between 2009-2024. Earlier in May, the interim government suspended political activities by the Awami League that was co-founded by Sheikh Mujibur Rahman, along with Maulana Bhashani and Husayn Shaheed Suhrawardy. The uprising that unseated Sheikh Hasina had also targeted the symbols related to her father, Sheikh Mujibur Rahman. Soon after the departure of Ms. Hasina on August 5, 2024, a statue of Sheikh Mujib was destroyed, and the museum at 32 Dhanmondi, where Sheikh Mujib was assassinated along with most of his family members on August 15, 1975, was destroyed by a mob on 5 February 2025..
