' The petitioner has filed this writ petition with the prayer that direction be issued to respondents Nos.1 to 3 to register a case against respondents Nos.4 to 10.
2. The learned counsel of the petitioner submits that the petitioner has approached respondents Nos.1 to 3 to register a case against respondents Nos.4 to 10, but they failed to take any action on application of the petitioner, therefore, they failed to exercise their statutory duties.
3. The learned Law Officer entered appearance on Court's call, he submits that the writ petition is not maintainable.
4. I have given my anxious consideration to the contentions of learned counsel of the parties and perused the record.
5. The petitioner has more than one alternative remedies either to file a complaint in the Court of Justice of peace in view of section 22(A)(6)(I) of Cr.P.C. This question was considered by the Superior Courts and laid down the following principle in Ghulam Ali alias Sadro v. S.H.O. Police Station Veehar, District Larkhana 2003 YLR 2168:-- ' The police refusing to register F.I.R. Petitioner has adequate remedy under section 22-A(6) to approach Magistrate for exercise of power under section 156(3), Cr.P.C. Or by filing a direct complaint under section 200, Cr.P.C. The petitioner can also approach District and Sessions Judge as ex officio justice of peace seeking direction for police to register case."
It is settled principle of law that the petitioner has alternative efficacious remedy to file a complaint before the competent Court, therefore, the Constitutional petition is not maintainable as per law laid down by the Honourable Supreme Court in the following judgments:-- Jamshaid Ahmad v. Muhammad Akram Khan 1975 SCMR 149; Mst. Aisha Bibi v. Deputy Inspector- General, Multan PLD 1997 Lah. 184 and Altaf Hussain v. Government of Sindh and others PLD 1997 Kar.
600.
6. It is settled proposition of law that our Constitution is based on Trichotomy, as per law laid down by the Honourable Supreme Court in Zia-ur-Rehman's case PLD 1973 SC 49 and Mian Nawaz Sharif's case PLD 1993 SC 473. The ratio of the aforesaid judgments is that this Court has only jurisdiction to interpret the law and has no jurisdiction whatsoever to take the role of Investigating Agency. It is also settled principle of law that each and every body is bound to work without fear, favor, nepotism and in accordance with law by virtue of Article 4 of the Constitution. In fact the Article 4 is key to control each and every organ of the State. Unfortunately, in our country, it is generally presumed that nobody is functioning/discharging his duties within parameters of Article 4 of the Constitution, which is not good sign. The Constitution is social binding contract, which is among the organs of legislature, executive, judiciary and people of Pakistan. It is also the duty of Advocates to guide the people to, avail proper remedies under the law. The Founder of Pakistan also belonged to this profession and due to his high character, even his enemy had also 'admitted his honesty. Lord Waivel said about the Founder of Pakistan, which is as under:-- "He is not only honest but he is also intellectually honest. In case, we want to live as a nation then we must follow the aforesaid principle of Founder of Pakistan by building our character to progress in right direction to provide happiness to the people of Pakistan, which is basic and fundamental duty of each of us."
' It is also settled principle of law that everybody is duty bound to obey the command of Constitution in view of Article 5(2) of the Constitution' as per principle laid down by the Honourable Supreme Court in Zahoor Elahi's case PLD 1975 SC 383.
7. In view of what has been discussed above, this Constitutional petition is not maintainable.
However, in the interest of justice and fair play and keeping in view the difficulties of people/citizens of this country, let copy of this writ petition be sent to Inspector-General of Police, who is directed to look into the matter personally and see what is happening in his department that his subordinates/public functionaries are not discharging their statutory duties in accordance with law. He is further directed to formulate the policy by giving instructions to his subordinates to act in accordance with law, which is command and demand of the Constitution in view of Article 4 of the Constitution. He is further directed to formulate the policy in this regard. He is further directed to submit his report to the Deputy Registrar (J.) of this Court within stipulated period.
8. The learned counsel of the petitioner is directed to hand over copy of writ petition along with all the annexures to Mr. Muhammad Hanif Khatana, Additional Advocate-General, who is directed to send the same to Inspector-General of Police, Punjab for necessary action and compliance. Office is also directed to provide one copy of this order to aforesaid learned Law Officer for onward transmission to the Inspector-General Police for necessary action and compliance.
' With these observations, the writ petition is disposed of. Copy Dasti on payment of usual charges.