2006 PLP 183 (YLR)

M. BILAL KHAN, J.

By filing this constitutional petition, the petitioner seeks a declaration to the effect that F.I.R. No.542 of 2005, dated 11-9-2005 registered under sections 186, 353, 506, 148 and 149, P.P.C. at Police Station Civil Lines, Lahore is without lawful authority and of no legal effect and further that the same "be quashed being mala fide act, which lacks jurisdiction".

2. The F.I.R., the quashing whereof is being sought had been registered at the instance of Tariq Rafique, Assistant in the office of District Regional Transport Authority, Lahore. According to the complainant on 5-9-2005 he was present in the office along with other functionaries when at 11-40 a.m. Maulvi Abdul Rashid Lahoolohan and his son Qaisar Rashid (petitioners Nos. 1 and 2 respectively) along with 20/25 persons came there and started issuing threats demanding as to why their routes were not being prepared and why the applications of other people were being entertained; that only those route permits approved by the Secretary Transport would be issued which have been deposited by them; they started raising slogans against the Government and when the complainant tried to prevent them they caught hold of him from his collar, tore his clothes and attacked him with fists and bricks and severely beat him up; they dragged him out of the office in order to abduct him and interfered in his official duties; an official file which had stamp papers worth Rs.1,400 affixed thereon was snatched from him and was torn off; this incident caused fear in the office and the complainant's colleagues Nasim Butt, Nadim Anjum, Mazhar, Khawaja Khalid Nadim, and Hafiz Saqlain rescued him from the clutches of the assailants; thereafter they left the scene while extending threats of serious consequences. According to the complainant the accused persons had resorted to this incident with a view a to blackmailing him so that their illegitimate and illegal demands are fulfilled. Resultantly the instant FIR had been recorded.

3. In support of this petition for quashing the F.I.R., the learned counsel argued that Maulvi Abdul Rashid Lahoolohan (petitioner No. 1) is an elderly man of 80-years who is weak and frial and cannot be excepted to indulge in activities of such-like nature; that petitioner No.1 throughout his life made struggle for betterment of the rights of the society and that he has been raising his voice against malpractices prevalent in the Transport Department; that the D.C.O. on who's order the case had been registered is inimically disposed towards the petitioners as the petitioners have constantly been criticizing and slamming his corrupt practices; that Khalid Mahmood Melia (respondent No.3) who is Secretary Provincial Transport Authority, Lahore has also been indulging in corrupt practices; that the said Khalid Mehmood Melia, had been nursing rancour against the petitioners on account of petitioners' allegations of corruption against him; that in fact the petitioners had gone to attend a meeting of transporters on 13-4-2005 in response to the invitation issued by the authorities and that in the said meeting the petitioners had severely criticized Khalid Mehmood Melia and had pointed out that the said officer had established a monopoly in order to derive illegal benefits and that angered by the criticism of the petitioners he had asked one Nasir Butt to teach a lesson to the petitioners; that F.I.R. is counter-blast to F.I.R. No.364 which had been lodged by Qaisar Rashid (petitioner No.2) against Nasir Butt in which Khalid Mehmood Melia and some functionaries of his office were nominated as accused persons; that the F.I.R. had been registered against the petitioners at the behest of Khalid Mahmood Melia and Khalid Sultan, D.C.O., Lahore who are acting in unison and have let loose a reign of corruption and nepotism in the transport department. The learned counsel for the petitioners also found a lot of faults with the procedure, which had been adopted in granting physical remand of the petitioners in the said case. He finally argued that the F.I.R. contained a false and imaginary story, the object whereof is to prevent the petitioners from prosecuting case F.I.R. No.364 of 2005, dated 24-6-2005, registered at Police Station Civil Lines, Lahore filed against Nasir Butt, Muzaffar and Khalid Mehmood Melia and also to punish the petitioners for raising their voice against the corrupt practices of the Government functionaries.

4. After hearing the learned counsel for the petitioners and going through the documents appended with this petition I had invited the learned counsel's attention to Annex-A-4 of this petition. This is a letter, dated 14-9-2004 written by Maulvi Abdul Rashid Lahoolohan (petitioner No.1) addressed inter alia to the President of Pakistan, Governor of the Punjab, Chief Minister Punjab, Chief Secretary Punjab, Secretary Service Punjab, Home Secretary Punjab, Secretary Transport Punjab, Director-General Anti-Corruption Punjab, and D.C.O., Lahore. In this letter while referring to Khalid Mehmood Melia (respondent No.3), Maulvi Abdul Rashid Lahoolohan stated that during his posting as Secretary R.T.A there was not even an iota of corruption in the said office because Khalid Mehmood Melia belong to a rich family but after his departure, the new Secretary joined hands with the franchised companies and committed "height of corruption and cruelties". When asked as to how the said Khalid Mahmood Mella about whose integrity, honesty and pedigree the petitioners had been signing praises, all of a sudden became the devil personified, the learned counsel did not have much to say. Even otherwise, a perusal of the voluminous documents attached with this petition prima facie exhibit the petitioners' proclivity towards blackmail and disclose their haughty and aggressive demeanour. The documents also disclose that the petitioners have been levelling wild and indiscriminate allegations of corruption against all and sundry ranging from the Governor of the. Province down to a Naib Qasid, in the Transport Department. I would not like to further dwell into the details of allegations levelled by the petitioners suffice it to a say that a perusal of the F.I.R., the quashing whereof, is being sought if accepted as correct at its face value prima facie discloses commission of cognizable offences. It is not disputed that the complainant as well as eye-witnesses mentioned in the said F.I.R. so far stand by their allegations. In order to appreciate the contentions raised by the learned counsel for - the petitioners a factual inquiry will have to be undertaken which, I am afraid, cannot be done in exercise of this Court's jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. It is the statutory right of the police to investigate a criminal case and this Court has not found any occasion in the instant case to interfere in its constitutional jurisdiction to stifle or scuttle the said right of the police. There is no merit in this petition, which is accordingly hereby dismissed in limine. N.H.Q. /A-608/L???????????????????????????????????????????????????????????????????????????????? Petition dismissed.