September 1, 2026
By Hashir Ahsan
ISLAMBAD
An application for the registration of an FIR regarding the PIMS tragedy was dismissed as non-maintainable by the Area Magistrate, Haider Shah who announced the reserved verdict on the application. The court stated that this application is not maintainable in the before the Area Magistrate, and the applicant may approach the relevant forum for the redressal of the grievance.
The application was filed before the Magistrate over the non-registration of a case by the Karachi Company Police Station. Advocate Riaz Hanif Rahi had filed the application seeking the registration of a case on the PIMS tragedy.
However while speaking to Voicepk, Advocate Riaz Hanif said that he would challenge the magistrate’s decision. He said that he had previously submitted an application at the police station as well, but no case was not being registered.
“On the auspicious day of 12 Rabi-ul-Awwal, this tragedy took place,” he said. “Through the government committee’s own report we now know that negligence has become evident.”
The court was requested to summon the SHO or order the registration of a case.
Application filed in the court of the Area Magistrate
The application, under Section 156/3 Cr.P.C, stated that this section empowers the Area Magistrate to issue orders for initiating criminal proceedings whenever the relevant police officer fails to exercise their powers. This application is being filed for the enforcement of the administrative powers of this court. Therefore, Section 156(3) Cr.P.C read with Section 190(1)(c) empowers this court to issue such an order.
The applicant submitted an application to police moharrar (clerk) Aitzaz on August 31 at around 1:40 PM, who then took a photograph of it and sent it to the SHO, but returned it without following the prescribed legal procedure. The application clearly discloses the commission of a cognizable offense under Section 322/34 of the Pakistan Penal Code (PPC). Such an application, along with the inquiry report and a news clipping (newspaper), is attached herewith.
Section 154 CrPC and the filing of FIR
A cursory reading of Section 154 of the Code of Criminal Procedure (Cr.P.C) makes it clear that whenever a complaint reveals a cognizable offense, an FIR must be registered immediately thereafter.
However, the concerned SHO, without following the direction of the law, ignored and rejected the applicant’s request.
Such conduct has already been viewed with displeasure by the Supreme Court in the cases of PLD 2007 SC 539 and 2024 SCMR 1123, which also hold binding effect on administrative officials under Article 190 of the Constitution.
The administrative head or the Area Magistrate, has been empowered under Section 156(3) of the Code of Criminal Procedure to issue orders for the initiation of criminal proceedings, i.e., the registration of a case and investigation, as interpreted in various judgments such as 1999 PCr.L.J 1193, 2003 YLR 550, 1990 PCr.L.J 1547, and PLD 1975 Lah. 577. Judicial officers upholding the rule of law have already exercised such powers, and their orders are attached herewith.
This legal power is a trust that authorized officers must execute, and this application is for the enforcement of this power. The lawyer requested that the concerned SHO or SP—who holds the same powers under Section 551 of the Code of Criminal Procedure—be directed to convert the application dated 31-08-2026 into an FIR, register the case, and investigate it according to the law.
Application filed at Karachi Company Police Station
Advocate Riaz Hanif Rahi had filed the application at the Karachi Company Police Station, adding that he was a responsible citizen, associated with the legal profession. He described the horror of the deaths of the 14 newborns at PIMS on August 26.
“They required complete medical assistance and protective care, but they were kept in a room that was completely sealed,” stated the application. “When the hospital’s fire safety emergency failed to control the situation in time, Capital Emergency Services (CDA) were summoned, who broke the window glasses to extinguish the fire as all access routes to the fire were blocked. At the time of the incident, doctors and medical staff were not present according to the roster—old and dilapidated electrical wires were not checked in a timely manner.
All this happened due to negligence and carelessness, because of which the fire could not be controlled, and innocent lives fell victims to this. These deaths not only left the bereaved families in mourning but also grieved the entire world especially on the blessed day of 12 Rabi-ul-Awwal.”
The application asked for the negligent staff to be identified, and all necessary records, CCTV footage, duty roster, attendance record, maintenance, fire safety audit, etc., to be taken into custody after registering the case.
Deliberations are still ongoing to bring the law into motion. However, negligence and carelessness have now come to light in the inquiry report dated 28-08-2026 and newspaper news, on the basis of which action should be taken, said the application.