Criminal Miscellaneous No 2098-M of 2011 MUHAMMAD KHALID MEHMOOD KHAN, J.---Through this application under section 561-A Code of Criminal Procedure, 1898, the applicant prays for expunction of certain remarks/strictures made in paras 8 and 9 of order dated 2-8-2011 passed by this Court in Criminal Miscellaneous No. 810-H of 2011 against Inspector-General Police Punjab.
2. This case has a chequered history. One Mst. Rehmat Bibi filed Criminal Miscellaneous No.810-H of 2011 alleging that her daughter aged 16 years old went to take medicine from Hakeem but not returned to home so far. From the last 6-years, she is continuously raising hue and cry before the police, Chief Minister and all other concerned quarters but the abductee has not been recovered.
Earlier criminal miscellaneous filed by Mst. Rehmat Bibi was dismissed as the police made the statement that they have registered F.I.R., she again filed petition before this Court which was pending disposal when this Court directed the police officials to recover the abductee but the matter continue to linger on for different reasons and ultimately this Court was constrained to summon Inspector-General Police, Punjab and after hearing argument of parties passed order dated 2-8-2011, pointing out, lapses on the part of police and gave impugned strictures/remarks against Inspector-General Police and referred the matter to Chief Secretary, Government of Punjab. On 5-9-2011 the abductee was recovered and this Court disposed the Criminal Miscellaneous No.810-H of 2011 on 5-9-2011.
3. Notices were issued to parties, Deputy Prosecutor-General appeared on behalf of State and Assistant Advocate-General, Punjab represented the Province.
4. Learned counsel for Inspector-General Police Punjab submits that remarks against Inspector- General Police, Punjab became redundant when the final order was passed on 5-9-2011 as the police successfully recovered the abductee under the supervision of Inspector General Police and as such the remarks mentioned in order dated 2-8-2011 became ineffective. He further submits that this Court may pass a formal order for expunction of remarks against Inspector-General Police in paras 8 and 9 of order dated 2-8-2011.
5. Malik Abdul Aziz Awan, Assistant Advocate-General, Punjab submits that on 2-8-2011, when Inspector-General Police appeared, the police proceedings were in progress, the disclosure of which was not in the interest of abductee/petitioner and as such Inspector-General Police has not placed on record the investigation report due to secrete investigation, the police succeeded to recover the abductee. The police submitted his report on 5-9-2011 and produced the abductee in Court. The report dated 5-9-2011 submitted in Court will show the efforts of police and these efforts were surely under the guidance and instructions of Inspector-General Police. Learned Assistant Advocate-General, Punjab submits that the facts available in report are new facts and were not before the Court when order dated 2-8-2011 was passed, after placing the new facts, the order dated 2-8-2011 is bound to be reviewed. Further submits that due to the efforts of Inspector- General Police, the abductee has been recovered after 6 years which was otherwise impossible, the Inspector-General Police has performed his duties 'efficiently and diligently' and as such the remarks required merit to be expunged. He adds that impugned remarks have been merged in the final order dated 5-9-2011 which is sufficient to prove beyond any shadow of doubt that remarks of this Court against Inspector-General Police are due to non-availability of complete information and facts. He further submits that in case this Court feels that the remarks were rightly given in the impugned order that may be expunged by taking lenient view.
6. Learned DPG also not opposed the applicant's request.
7. As the purpose for passing the order was to awaken the police officials and to put maximum efforts for recovering the abductee, the, Inspector-General, Police may not be directly responsible for the inefficiency of police but he being the head was duty bound to issue guideline to his subordinate staff. The report shows that police was investigating the matter secretly and these facts were not brought in, the knowledge of Court on 2-8-2011 and as such the impugned remarks were given against the Inspector-General Police by this Court, due to non-availability of true facts on record. The report filed on 5-9-2011 shows that Inspector-General Police has performed his duties intelligently and faithfully and he was supervising the investigation regularly.
8. As the abductee has been recovered with the efforts of police, specially Inspector-General Police, Punjab the remarks against Inspector General Police, Punjab in paras 8 and 9 of order dated 2-8- 2011 need not be remain in the order and as such these are ordered to be expunged. This order will be deemed to be the part of order dated 2-8-2011.
9. The instant application is allowed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.