Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 154

Constitution of Pakistan, 1973-- ---Art. 199--Confessional statement--Conviction and sentence--Appeal--Dismissed--Pendency of appeal before Apex Court--No objection certificate was issued by senior sector commander of rangers--Applicability of writ of certiorari--Right of investigation officer--Petition against conviction is pending before Apex Court where petitioner may raise questions with regard to legality or otherwise of confessional statement, if law so permits. Needless to mention that writ of certiorari is applicable against decisions of sub-ordinate Courts, where remedy of appeal is not available is not legally justified in seeking a restraint over such right of investigating officers--No investigation can be stopped in writ of certiorari and in writ of mandamus. On contrary writ of mandamus states that official respondents shall act strictly in accordance with law. What law provides to hear these FIRs, which according to counsel were disposed of in ‘A’ Class, hence, official respondents are bound to investigate all FIR(s) and ensure that all culprits are arrested and arraigned--Petition was dismissed. Ref. PLD 2018 SC 595. Purpose of Investigation-- ----For purpose of investigating a suspect ‘No Objection Certificate’ is not requirement of. law rather such right shall always be available to investigate a suspect.[P. 76] C Criminal Procedure Code, 1898 (V of 1898)-- ---S. 154--Commission of cognizable offence--Obligation of police--If during course of an investigation there comes facts of commission of another cognizable offence then police shall be under an obligation to resort to such course, (Section 154, Cr.P.C.) even without permission/no objection of anybody unless lodgment of such FIR demands so. Such legal position is sufficient to make prayer, made in petition, with reference to NO OBJECTION CERTIFICATE, as redundant.[P. 75] D ORDER Through instant constitutional petition, the petitioner has prayed that:-- “1.Restrain the respondents from falsely implicating the Petitioner in any further FIR’s based on his retracted judicial confession; 2.Declare the “No Objection Certificate” that allows/grants authority to institutions to further falsely…

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