P L D 2008 Lahore 557 (PLP)

MUHAMMAD AHSAN BHOON, J.

The petitioner is complainant of case F.I.R. No.170, dated 27-4-2007, offences under sections 440/342/337-L(ii)/148/149, P.P.C. with Police Station, Pir Mahal, District T.T. Singh.

2. Briefly the grievance of the petitioner was that he was not satisfied with the investigation conducted by the local police as some of the accused, according to him, were favoured by the Investigating Officer. He moved an application for the change of investigation, which was referred to the Board by respondent No.1, and the District Standing Board recommended for the change of investigation. When the recommendations were sent to respondent No. 1 he instead of entrusting the investigation to any police officer of Investigating Branch passed the following order, dated 28-11-2007:-- "The District Standing Board has not given solid/cogent reasons for change of investigation and as such the recommendation has been filed." The petitioner being aggrieved of the order, dated 28-11-2007 passed by respondent No.1/Additional Inspector-General of Police, (Investigation), Punjab Lahore has filed the instant petition.

3. The sole ground of the petitioner was that respondent No.1 had no authority to file recommendations of the District Standing Board. In compliance of the order passed by this Court, dated 2-7-2008 respondent No.1/Additional Inspector-General of Police (Investigations) Punjab Lahore has appeared before this Court and when he was confronted with query he states that under the proviso to Article 18(6) of Police Order, 2002 the ultimate power lies with him to change investigation. So he, in exercising his power, passed the order, dated 28-11-2007.

4. Heard. Record perused.

5. For facility of reference provision of Article 18(6) of Police Order, 2002 is reproduced below:- "Investigation shall not be changed except after due deliberations and recommendations by a Board headed by an officer not below the rank of Senior Superintendent of Police and two Superintendents of Police, one being incharge of the investigation of the concerned district: Provided that the final order for the change of investigation shall be passed by head of investigation in the general police area who shall record reasons for change of such investigation: Provided further that the second change of investigation may only be allowed with the approval of the Provincial Police Officer, or the Capital City Police Officer, as the case may be."

6. No doubt, it is envisaged that ultimate order is passed by respondent No.1 as being over all head of the investigation but the interpretation assumed by respondent No.1 is alien to law if the recommendations of the Board was of no worth and was of no value then there was no need to enact for the provision, for constitution of Board, for change of investigation and said interpretation, in my view, is an effort to defeat the wisdom of legislature, which has provided a mechanism to avoid the multiplicity of investigations. However, if the Board had not passed any speaking order or had not given any cogent or solid reasoning for change of investigation, then respondent No.1 should have referred the matter to the District Standing Board for its reconsideration for speaking order as provided under section 24-A of the General Clauses Act, which envisaged that each and every authority is bound to pass speaking and well-reasoning order. If the interpretation of respondent No.1 is accepted and ultimate change is left at his discretion and he is given authority to brush aside the recommendation of District Standing Board just on his wishes and whims, then the provisions of Article 18(6) ibid become redundant. In my view the legislation in its wisdom has bestowed upon him an office of Post Master if the very recommendation for change of investigation is well-reasoned and speaking one then respondent No.1 is bound to change the investigation, otherwise, the District Standing Board can be asked for reconsideration as observed above. In this view of the matter, this" writ petition is allowed and impugned order, dated 28-11-2007 passed by respondent No.1 is set aside and the application of petitioner for change of investigation shall be deemed to be pending before the District Standing Board, who shall give the recommendation for change or otherwise of the investigation with speaking or well-reasoning order. N.H.Q./A-76/L Petition allowed.