| Citation(s) |
|---|
| 2007 SLG 3108 2007 SLD 3108 2007 PLJ 748 |
Lahore High Court
W.P. No. 3861 of 2007, decided on 4.5.2007.
KH. MUHAMMAD SHARIF, J.
Mr. Azam Nazeer Tarar, Advocate for Petitioner. Ch. Muhammad Hanif Khatana, Addl. Advocate General alongwith Saleem Sikandar AIG (Legal) and Ch. Qamar-uz-Zaman SSP (Investigation) for
Respondents. Mr. Atir Mahmood, Advocate for Complainant.
W.P. No. 3861 of 2007, decided on 4.5.2007.
KH. MUHAMMAD SHARIF, J.
Mr. Azam Nazeer Tarar, Advocate for Petitioner. Ch. Muhammad Hanif Khatana, Addl. Advocate General alongwith Saleem Sikandar AIG (Legal) and Ch. Qamar-uz-Zaman SSP (Investigation) for
Respondents. Mr. Atir Mahmood, Advocate for Complainant.
CH. MUHAMMAD KHAN
VS
INSPECTOR GENERAL OF POLICE PUNJAB, Lahore and 6 others--Respondent
Law:
Section:
Police Order, 2002-- ----Art. 18(6)--Constitution of Pakistan, 1973--Art. 199--Investigation was conducted by SSP--Powers to transfer investigation--Investigation was entrusted to SSP who had completed the investigation and found accused guilty in the case--There was no need to issue letter by Add I.G. to Inspector General of Police when Investigation had already been changed by competent board u/Art. 18(6) of Police Order--Letter has been issued due to misunder-standing or manoeuvered one as submitted for complainant--Petition was dismissed. [P. 750] A & B Order Learned counsel for the petitioner submits that investigation of this case was conducted by Qamar-uz-Zaman SSP Provincial Crime Branch and it was directed by this Court in W.P No. 17962-2005 titled as Professor Muhammad Yahya Chaudhry vs. The State etc. in following terms:-- "Therefore, the investigation of the case is, hereby deemed to be pending. In the peculiar facts and circumstances of this case, I am inclined to direct the DIG/CCPO Lahore to get the investigation of this case changed strictly in terms of Article 18 (6) of the Police Order 2002 and it shall be handed over to some senior police officer not under the supervision of SSP (Investigation) Lahore who had previously dealt with the case". Learned counsel further submits that order of this Court has not been complied with in letter and spirit as required under Article 18 (6) of Police Order, 2002. He has referred to Annexure "D" which has been placed on record a letter from Addl: I.G Police Investigation Branch, Punjab to Inspector General of Police, I Punjab dated 07.03.2007. 2. On the other hand learned Addl: Advocate General submits that in compliance with the order of this Court in the above said writ petition a board for second change of investigation was constituted and he has referred Annexure-"B" placed on record by the Police Department alongwith the reply dated 29.6.2006 in which recommendation for change of investigation was made; then he referred Annexure "C" of reply filed by the police department according to which recommendation of the board was approved. 3. At this stage learned counsel for the petitioner submits that…
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