Through the instant writ petition, the petitioner seeks an order for declaring the order dated 1.3.2003 of the. Inspector General Police i,e, Respondent No, 1 whereby he had transferred the investigation of the case FIR No, 27/2003 dated 20.1.2003 u/S. 302/34 PPC of Police Station Khudian District Kasur to Investigation Branch, Punjab, Lahore as illegal and to have been passed without any lawful authority.
2. I have heard the arguments from both the sides and have also perused the report/para-wise comments filed on behalf of the Inspector General of Police, Punjab, Lahore. In the report/para-wise comments it has been submitted that the order in question had been passed in accordance with the provisions of Article 18(6) of the Police Order, 2002. It has been further submitted in the report that the impugned order had been passed to ensure justice to both the parties as serious allegations of political interference had been levelled. It has been also stated in the report that the Provincial Investigating Agency is headed by an Officer of the rank of Addl. Inspector General of Police where the investigations are carried out by experienced and seasoned Police Officers having sound reputation for efficiency and honesty and all the final reports are personally secrutinized and approved by the Addl. Inspector General of Police, before they are sent back to the Police Station concerned for preparation of reports u/S. 173 Cr.P.C. and the object is to make the entire process fool proof and trust worthy and which is' normally acceptable to both the parties.
3. In the report it has been stated that earlier an incomplete challan of the case had been submitted and the case was now pending in the Court of learned Sessions Judge Kasur. However, it has been submitted by the learned Addl. Advocate General that in this case the trial has not commenced so far and that even a formal charge has not been framed till now and that although an incomplete challan had been submitted in the Court yet complete challan is yet to be submitted. The learned counsel appearing from the side of the accused has placed reliance on 2000, P.Cr. L.J. 1739 (Supreme Court) (AJ&K) Meer Dad Khan vs. Zahir Shah and three others and also on 2000 S.C.M.R. 453 (Supreme Court of Pakistan) Muhammad Yousaf vs. State etc. as well as on PLJ 2000 Cr. C (Quetta) 1546 and has argued that there is no embargo on powers of the Inspector General of Police for directing further investigation after the submission of challan and the police can re-investigate a case even after submission of final challan before the Court.
4. The learned counsel for the petitioner has however referred to Section 18(6) of the Police Order 2002 and has argued that as the investigation of the case was already complete and as the accused had been arrested and incomplete challan submitted in the Court and as D.P.O. Kasur had verified the investigation and had reached the same conclusion as by the other Investigating Officers, there was no lawful justification for the change of investigation under political pressure.
The learned Addl.-A.G. has whoever controverted the plea that the investigation had been transferred by the Inspector General of Police under political pressure. He has submitted that both the parties were being supported by different faction of politicians and the Inspector General of Police had passed the order of transfer of investigation only in order to ensure Justice.
5. After having heard the arguments at length and after having gone through the report/para-wise comments, I do not think that the Provisions of Police Order 2002 in any way debar the Provincial Police Officer/Inspector General of Police from transferring the investigation in order to ensure justice. However, it is apparent that transfer of investigation time and again can only prolong the agony of both the parties. Since an incomplete challan has been submitted in the Court, any delay in submission of complete challan cannot be considered as helpful for ensuring speedy justice. In view of the case law cited by the learned counsel appearing from the side of the accused, I am of the opinion that the case can be re-investigated even after submission of challan. In the present case till now, the trial has not commenced and so, for only an incomplete challan had been submitted in the Court. Therefore, there is a hardly any justification for declaring the order of the Inspector General of Police dated 1.3.2003 to have been passed without any lawful authority. The Writ Petition is accordingly dismissed. However, a direction is issued to the Inspector General of Police to ensure that the investigation of the case is completed within the next 15 days and report submitted in the concerned Court. It is further directed that in this case there should not took place any further transfer of the investigation to any other agency or Officer.