| Citation(s) |
|---|
| 2005 SLG 1825 2005 SLD 1825 = 2005 PLD 185 |
Lahore High Court
Writ Petition No. 19391 of 2004, heard on 22nd December,2004
SYED SHABBAR RAZA RIZVI, J
Masood Mirza for Petitioner. Muhammad Amir Khan for
Respondents. Muhammad Haneef Khattana, Actg. A.G. assisted by Ch. Jamshed Hussain, A.A.G. along with Danish, S.-I. for the State
Writ Petition No. 19391 of 2004, heard on 22nd December,2004
SYED SHABBAR RAZA RIZVI, J
Masood Mirza for Petitioner. Muhammad Amir Khan for
Respondents. Muhammad Haneef Khattana, Actg. A.G. assisted by Ch. Jamshed Hussain, A.A.G. along with Danish, S.-I. for the State
AZIZ AHMADVsPROVINCIAL POLICE OFFICER (I.G.P.), PUNJAB Lahore and 6 others
Law: Pakistan Penal Code (XLV of 1860)
Section: 302
Law: Police Order (22 of 2002)
Section: 18(6) & 187
Law: Constitution of Pakistan, 1973
Section: 199
(a) Penal Code (XLV of 1860)-------S. 302---Police Order (22 of 2002), Arts.18(6) & 187---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Re-investigation--�Case was investigated and after completion of investigation, challan was submitted before Trial Court, but instead of proceeding with the trial on basis of challan so submitted, re-investigation was ordered which had been challenged in Constitutional petition on ground that at that stage re�investigation was not in consonance with provisions of Police Order, 2002---Spirit of Art.18(6) of Police Order, 2002 was to discourage re�investigation---Said objective could not be bypassed or stultify by using, device i.e. verification of investigation etc. ---Departmental circular whereby re-investigation was directed, was declared void, illegal, without lawful authority and of no, legal effect---Trial Court was directed to proceed with the trial on basis of challan submitted before it on basis of earlier investigation---If however; 're-investigation was directed as provided under Art. 18(6) of Police Order 2002, that would not be affected by the present order. (b) Interpretation of statutes-------Departmental Circulars were good enough for the internal management and control, but they could not confer any right on or deprive a person of a right, which was only possible on the basis of a statutory provisions or a rule made by a competent Authority under concept of delegated legislation---If the Rules framed under the statute were in excess of the provisions of the statute or were in contravention or inconsistent with such provisions then provisions of main statute must prevail and such rules, etc., could not be given legal effect.Sub. Muhammad Asghar v. Safia Begum and others PLD 1976 SC 435 and Kh. Ahmad Hassan v. Government of the Punjab 2004 SCJ 668 ref.JUDGMENT The petitioner filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan. According to the learned counsel for the petitioner F.I.R.No.69 of 2004 dated 7-8-2004, under section 302, P.P.C., P.S. Noshera District Khushab was registered at the instance of Ahmed Nawaz son of…