| Citation(s) |
|---|
| 2015 SLG 1120 2015 SLD 1120 2015 PLJ 417 |
Lahore High Court
Writ Petition No. 6529 of 2014, decision & hearing Dated: 09.12.2014.
MAHMOOD AHMAD BHATTI, JUSTICE
Malik Muhammad Naeem Iqbal, Advocate for Petitioner. Mr. Muhammad Javed Saeed Pirzada, AAG for
Respondents.
Writ Petition No. 6529 of 2014, decision & hearing Dated: 09.12.2014.
MAHMOOD AHMAD BHATTI, JUSTICE
Malik Muhammad Naeem Iqbal, Advocate for Petitioner. Mr. Muhammad Javed Saeed Pirzada, AAG for
Respondents.
MST. NASEEM BIBI
VS
D.P.O., ETC.
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 199--Police Order, (22 of 2012), S. 18-A--Constitutional petition--Change of investigation--No justification for making change of investigation--No power to direct transfer of investigation--Validity--High Court would not interfere in investigation unless there are exceptional grounds and compelling reasons to pass an order to contrary--In order to overcome that tendency of public to seek change of investigation every now and then, a mechanism has been placed by legislature by inserting Section 18-A in Police Order 2002--There was hardly any justification to change investigation, High Court would not substitute its own opinion for one formed by District Standing Board--Petition was dismissed. THIS ORDER PASSED BY: MAHMOOD AHMAD BHATTI, JUSTICE---.--- Mst. Naseem Bibi, the petitioner filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, contending that she got registered a case FIR No. 299/2012 dated 28.05.2012 under Sections 337-A(i), 337-A(ii), 337-L(ii), 148 & 149, PPC at Police Station Qutabpur, Multan. As she was not satisfied with the investigation being conducted by the Investigating Officer of the aforesaid case, she filed Writ Petition No. 16651/2012. On 16.11.2012, a direction was issued by this Court to the Inspector General of Police (Investigation) Punjab, Lahore to decide the application of the petitioner for change of investigation by applying independent mind to it within a period of two weeks. Allegedly the order dated 16.11.2012 was not complied with by the respondents, obliging the petitioner to file another Writ Petition No. 3399/2013, which was allowed by observing as under: "It is pretty clear from a perusal of the order dated 15.03.2013 passed by Respondent No. 2 that it can hardly be regarded as a speaking order. Neither the recommendations alleged to have been made by the District Standing Board, Multan at its meeting held on 06.03.2013 have been reproduced, which could have shed light on the turning down of the application of the petitioner herein for the transfer of investigation from Respondent No. 5, S.H.O. police station Qutabpur, District…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492