2001 P Cr (PLP)

S. 156

Constitution of Pakistan (1973), Art.199

Constitutional petition

Successive transfers of investigation

Validity

Four investigations had already taken place in the case on the request of the accused

Inspector-General of Police by means of the impugned order had directed reinvestigation for the fifth time of the case by Superintendent of Police (Crimes Branch)

No sufficient reasons had been given by the Inspector-General in his order for transfer of investigation

Successive transfers of investigation was deprecated by High Court

More than two years had already passed, but the trial of the case had not so far commenced

Impugned order for transfer of investigation was quashed in circumstances and the Constitutional petition was accepted accordingly. Hasnat Ahmad Khan for Petitioner. Munir Ahmad Bhatti for Respondents. Jahangir Wahlah, A.A.-G. Report has been received from respondents Nos.3 and

4. Learned counsel for Sh. Muhammad Akram respondent submits that in fact I.-G., Punjab had transferred the investigation in this case on 9-9-2000 because new facts have come on record to prove that Sh. Muhammad Akram and his son are innocent in this case. He submits that there is no other remedy available to said Sh. Muhammad Akram and his son but to get the investigation again transferred.

2. Learned A.A.-G. also supports learned counsel for Sh. Muhammad Akram and his son.

3. On the other hand, learned counsel for the petitioner submits that already four investigations have taken place in this case, that matter relates to year 1998, incomplete challan has already been submitted in the trial Court and the case is being delayed.

4. I have heard learned counsel for the parties and have also gone through the detailed orders passed by my Lord Rashid Aziz Khan, J. (the then Chief Justice) on 12-11-1999 and 25-1-2000. In the instant case, occurrence took place on 18-7-1998. All four investigations took place on the request of the accused persons. On 15-1-1999 I.-G., Punjab had refused for the 5th investigation but on 9-8-1999 he had ordered the reinvestigation of this case by S.P. of Crime Branch, Punjab. I have gone through the order of I.-G., Punjab, dated 9-8-1999 no sufficient reasons have been given therein for the transfer of investigation. Successive transfer of investigation A has been deprecated by this Court and Honourable Supreme Court of Pakistan. Already more than two years have passed but the trial of the case has not commenced so far. In this view of the matter, this petition is accepted, the order of Inspector-General of Police, Punjab, dated 9-8-1999 for the transfer of investigation is hereby quashed. The concerned Investigating Officer is directed to submit the challan before the learned trial Court within two weeks and the learned trial Court is directed to decide the case within three months after receiving the order of this Court. With these observations, this petition stands disposed of. N.H.Q./Q-6/L Petition accepted.