Law: Police Order (22 of 2002)

Section: 18(10)

(a) Police Order (22 of 2002)--- ----Art. 18(10)---Separation of function of investigation---Expression 'verify', meaning of---Scope--- Petitioner/accused assailed order of Deputy Superintendent of Police whereby he, being supervisory officer of the investigating office in terms of Art. 18(10) of Police Order, 2002, declared the petitioner to be guilty although investigating officer had found him innocent---Validity---Words "verify" and "verification" were not synonymous with "investigation" or for that matter, "reinvestigation" which essentially implied collection of evidence had appeared before the investigating officer and had proved his innocence---Deputy Superintendent of Police though was a supervising officer but he had no authority to conduct fresh investigation or substitute his own conclusions for those of investigating officer---Deputy Superintendent of Police could have brought the faults in the investigation to his superior, who could then have initiated the process contemplated in Art. 18-A of the Police Order, 2002 for change of investigation---High Court declared the proceedings initiated by Deputy Superintendent of Police to be without lawful authority and of no legal effect---Constitutional petition was accepted. Qamar Jehan and 2 others v. Bashir Ahmad through Legal Heirs and 5 others PLD 2006 Lah. 99; Mst. Naseem Begum and others v. SHO and others PLD 2006 Lah. 509; Ijaz Ali v. D.P.O. and others 2006 PCr.LJ 1596 and Mirza Jahangeer Baig v. D.I.G. of Police, Gujranwala Range and 7 others 2007 MLD 579 ref. Khizer Hayat and others v. Inspector-General of Police (Punjab), Lahore and others PLD 2005 Lah. 470 rel. (b) Words and phrases--- ----'Verify'---Meaning. P Ramanatha Aiyar's Advanced Law Lexicon Dictionary (4th Edition, Vol.4) and Words and Phrases Permanent Edition, Volume 44, p.251 rel. (c) Words and phrases--- ----'Verification'---Meaning. Concise Oxford Dictionary rel. THIS ORDER PASSED BY: TARIQ SALEEM SHEIKH, JUSTICE:---.--- Through this petition under Article 199 of Constitution of the Islamic Republic of Pakistan, 1973, the Petitioner assails the vires of investigation conducted by Respondent No.2 in case FIR No.161/2019 dated…

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