Case Details

Citation(s)
2002 SLG 2404 2002 SLD 2404 = 2002 PLD 619
Lahore High Court
Writ Petitions No. 17513, 17591, 17590, 17583, 17535 of2002, decided on 26th September, 2002
IFTIKHAR HUSSAIN CHAUDHRY, CJ
Ch. Abdul Waheed, Advocate. Mrs. Shaista Qaiser, Advocate. Mian Muhammad Aslam, Advocate. Muhammad Faisal Malik, Advocate. Rai Bashir Ahmad, Advocate. Maqbool Elahi Malik, Advocate-General Punjab with Ch. Nasim Sabir Additional Advocate-General Punjab and

MIAN KHAN and othersVsINSPECTOR GENERAL OF POLICE, PUNJAB and others

Law: Criminal Procedure Code (V of 1898)

Section: 551, 154, 22-A & 22-B

Law: Police Order (22 of 2002)

Section: 35

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)-------Ss. 551, 154, 22-A & 22-B---Police Order- (22 of 2002), Art.35---Police Rules, 1934---Constitution of Pakistan (1973), Art.199---Petitioners, dissatisfied with the investigation being conducted bit the local police seeking, through Constitutional petitions, transfer of investigation alleging harassment being caused by police to them and praying for issuance of directions to local police for registration of criminal case against a number of persons---Adjudication of such petitions---Procedure---Registration of criminal case, transfer of investigation from one investigating officer to another or issuance of a restraint order against the police officer not to cause harassment to a citizen, essentially are administrative functions which are to be carried out by the police functionaries concerned or higher police officers in exercise of powers under S.551, Cr.P.C. and supervisory powers vesting in them under Police Rules, 1934 or Police Order, 2002---District Nazim has also the power to issue necessary direction to police to carry out its functions in accordance with provisions of the Police Order, 2002---Directions which have been sought for by the petitioners, in the present case, through constitutional petitions essentially relate to administrative duties to be performed by the public functionaries and adjudication of rights in the conventional sense of the term by a superior Court is not required or involved in the process---High Court being the apex Court under the Criminal Procedure Code, 1898 has plenary powers on administrative and adjudicatory side to oversee the functioning of all public functionaries who are required to exercise any power or to perform any function under provisions of Cr.P.C. to ensure strict enforcement of and compliance with various provisions of law relating to registration of cases, investigation thereof and ancillary matters---High Court is fully empowered to issue an appropriate direction to effectuate the mandate and writ of law---Subordinate functionaries can also be called upon to perform such functions as the High Court might require---Sessions Judges, Additional Sessions Judges and…
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