' KHAWAJA MUHAMMAD SHARIF,J.-Learned counsel for the petitioner submits that investigation of this case was conducted by Qamar uz Zaman , SSP Provincial Crime Branch and it was directed by this Court in Writ Petition No. 17962 of 2005 titled as Professor Muhammad Yahya Chaudhry v. The State and others in following terms:- "Therefore, the investigation of the case is, hereby deemed to be pending. In the peculiar facts and circumstances of this case, I am inclined to direct the D.L-G./ C.C.P.O., Lahore to get the iiivestigation of' this case changed strictly in terms of Article 18(6) of the Police Order, 2002 and it shall be handed over to some senior police officer not under the supervision of S.S.P.
(Investigation), Lahore who had previously dealt with the case."
' Learned counsel further submits that order of this Court has not been complied with in letter and spirit as required under Article 18(6) of Police Order, 2002. He has referred to Amiexure "D" which has been placed on record a letter from Addl: I.-G. Police Investigation Branch, Punjab to Inspector- General of Police, Punjab dated 7-3-2007.
2. On the other hand learned Additional Advocate-General submits that in compliance with the order of this Court in the above said writ petition a board for second change of investigation was constituted and he has referred Annexure-"B" placed On record by the Police Department along with the reply dated 29-6-2006 in which recommendation for change of investigation was made; then he referred Annexure "C" of reply filed by the police department according to which recommendation of the board was approved.
3. At this stage learned counsel for the petitioner submits that said C.C.P.O. Khalid Farooq at that time had referred the matter to A.I.-G. For entrustment of investigation because C.C.P.O. Had no authority as it was directed in the order of this Court that no subordinate of Shafqaat Ahmad SSP hold the investigation.
3A. At this stage learned Addl:.A.-G. Submits that C.C.P.O., Lahore has all powers to transfer investigation under Article 18(6) of Police Order, 2002 which are also with the Inspector-General of Punjab Police at provincial level; that matter was only referred to A.L-G. Because C.C.P.O., Lahore had no domain over the Provincial Crime Branch. Learned Addl: A.-G. Submits that as far as Annexure "D" placed on record by the petitioner which was addressed by A.I.G. To Inspector General of Police dated 7-3-2007 is concerned, that was issued under confusion and that there was no need for transfer of investigation as investigation had already been transferred on the approval of Board and this letter was addressed by A.I.-G. To Inspector General Punjab Police when Qamar uz Zaman SSP had already completed the investigation in December, 2006.
4. I had also summoned A.I.-G. (Legal) who submits that there is a note of earlier Inspector-General of Police Major Zia ul Hassan to give approval for the transfer of investigation to Provincial Investigation Branch for the purpose of" investigation; that thereafter a board was .Constituted, which consists of one D.I.-G. And 2 S.S.P.; that recommendation of board was approved by A.I.-G.
And then investigation was taken up; that Major Zia ul Hassan Ex. I.-G. Punjab Police had entrusted the investigation to Qamar uz Zaman SSP present in Court, he had completed the investigation in December, 2006; that he is unaware of the letter issued by A.I.-G. Investigation to Inspector General Punjab Police dated 7-3-2007 although there was no need of the same because the investigation had already been completed in December, 2006 and it was issued due to some misunderstanding.
5. Learned counsel for the complainant submits that this letter Annexure "D" filed by the petitioner is manoeuvred one and the same has been issued in order to prolong the matter as the petitioner was on bail before arrest and it -is mala fide on the part of the petitioner.
6. I have heard learned counsel for the parties. The order of this Court has been complied with by Ex. Inspector- General of Punjab who had domain oyer whole police hierarchy in the Punjab. The investigation was entrusted to Qamar uz Zaman, S.S.P. Who had completed the same in December, 2006 and he found the present petitioner guilty in this case. There was no need to issue letter dated 7-3-2007 by Addl. I.-G. (Investigation) to Inspector- General of Police when the investigation of this case had already been changed by the competent board under section 18(6) of the Police Order, 2002 and entrusted to Qamar uz Zaman, S.S.P. Punjab Crime, even completed in December, 2006.
As already submitted by A.I.-G. (Legal) who represents police department that this letter has been issued due to some misunderstanding or a manoeuvred one as Submitted by the learned counsel for the respondent/complainant Professor Muhammad Yahya Chaudhry. Whether it is wrong or correct as submitted by A.I.-G. Or a manoeuvred one but, I cannot dilate upon it. I may mention here that against the order of this Court passed in Writ Petition No. 17962 of 2005 co-accused of the petitioner had approached the Honourable Supreme Court of Pakistan but said petition was dismissed.
7. After having heard learned counsel for the parties and going through the record, I am of the considered opinion that no case for interference is made out. This petition stands dismissed.