This is a petition, preferred by one Chuhar Khan, under clause 22 of the Letters Patent for the transfer of the investigation of a case registered under section 302 read with section 149 and section 148 of the Pakistan Penal Code at Ferozewala Police Station in Sheikhupura District against his sons Muhammad Yousaf and Abdul Sattar and some others, to the Crimes Branch at Lahore.
2. The facts leading to the instant petition are, that the Guard of L 834-Up found two dead-bodies lying on the Railway track near the outer signal of Kot Mool Chand Railway Station on the night between 28th and 29th March 1970. He informed Station Master Shandara. On the basis of this information, Railway Police Post, Shandara sent a ruqqa to the Officer Incharge of Ferozewala Police Station in District Sheikhupura. The ruqqa was received at the Police Station at about 5 a.m. and pursuant thereto Head Constable Muhammad Ashiq along with two Constables left for the place of occurrence. He found dead-bodies of two persons near the railway track near mile No, 3/13 on Lahore-Narowal section in the area of village Bharath. On examination he noticed, that although the dead-bodies had been run-over by the railway train, the deceased also had on their persons injuries with the sharp-edged weapons. In view of this, a case under section 302 was registered at Police Station Ferozewala at 7 a.m. on 29th March 1970.
3. The dead bodies were identified as those of Muhammad Ashraf and Manzur Ahmad. Their post- mortem examination revealed, that there were three sharp-edged weapon injuries on the neck of Muhammad Ashraf and four sharp-edged weapon injuries on the back of the neck of Manzur Ahmad.
4. During the course of investigation and after recording some evidence, the police came to the conclusion, that Asghar and Ashraf of Chak No, 40 of Police Station Ferozewala were the culprits.
Later, however, the petitioner's sons Yousaf and Abdul Sattar and his relatives Mansha and Yousaf son of Ahmad were also arrested.
5. The transfer of the investigation from the local police has been sought on the following grounds :-
(a) That there was an allegation against Sub-Inspector Muhammad Shafi, once a Station House Officer of Ferozewala Police Station, that he had a hand in the murder of one Ghulam Muhammad of village Bharath. Application to that effect was made to the authorities by one Mst. Inayatan Bibi, as a result of this, the aforesaid Sub-Inspector was transferred to police lines and an inquiry was started against him, which was conducted by Ch. Muhammad Husain, Inspector of Police C. I. A.
Chuna Mandi, Lahore. During this inquiry the petitioner and his brother Ch. Sardar Ahmad and their relatives Khuda Bakhsh and the petitioner's son Muhammad Yousaf made statements implicating Muhammad Shafi Bhatti for the murder of Ghulam Muhammad ;
(b) that the successor of Muhammad Shafi Bhatti in order to help the latter wanted to take proceedings against the prosecution witnesses of the murder case of Ghulam Muhammad under section 107/151 of the Code of Criminal Procedure, at the instance of Muhammad Shafi Bhatti, but his attempt was strongly resisted by the petitioner and his brother Ch. Sardar Ahmad ;
(c) that in view of the fact, that the petitioner and his relatives had deposed against Muhammad Shafi Bhatti, the entire police of Sheikhupura District including the Superintendent of Police, who appeared to be favourably inclined towards Muhammad Shafi Bhatti, is against the petitioner and his relatives ;
(d) that in an effort to get the investigation transferred from the local police, the petitioner presented an application through his brother to the Inspector General of Police West Pakistan (copy Annexure 'B') on 29th April 1970, but his efforts did not succeed, in spite of the fact, that six Advocates appeared before the Deputy Inspector General of Police and supported him. The petitioner also appeared before the Deputy Inspector General of Police on numerous occasions in order to impress upon him that his sons Muhammad Yousaf and Abdul Sattar were being falsely implicated ; and
(e) that numerous persons appeared before the Investigating Officer in defence of the sons of the petitioner, but their statements were not recorded.
6. In view of the aforementioned grounds the petitioner apprehends, that his sons will not get fair deal at the hands of the local police.
7. Notice was issued to the State. The police file was also summoned. In response to the notice Mr. Hamid Ali Khan Sherwani, Advocate, appeared for the State, accompanied by Assistant Sub- Inspector Abdur Rauf of Ferozewala Police Station. The parties have been heard.
8. Mr. Sherwani raised preliminary objection that this Court had no jurisdiction to transfer the investigation from the local police to any other police agency. I am not inclined to agree with this contention, because clause 22 of the Letters Patent of the Lahore High Court invests this Court with the power to direct the transfer of the investigation of any criminal case by any officer, otherwise competent to investigate the same, to some other officer. The aforesaid conclusion reached by me gets indirect support from the case of Muhammad Husain v. Inspector General of Police. In this case counsel for the petitioner had placed reliance on clause 22 of the Letters patent. Mr. Justice Muhammad Gul (at present Law Secretary to the Central Government) held, that though this Court was invested with the power to direct preliminary investigation of the case from one officer to another, the aforesaid provision was not attracted to the petitioner's case as there was no allegation that any criminal case was being investigated against him. I, therefore, hold, that this Court has ample power under clause 22 of the Letters Patent to transfer the preliminary investigation of any criminal case from one police agency to another.
8. Coming to the facts of the case, I find, that it is not denied, that at the instance of one Mst.1 Inayatan Bibi an inquiry is being held against the former Station House Officer of Ferozewala Police Station, Muhammad Shafi Bhatti. A copy of the parawise comments sent by the Superintendent of Police of Sheikhupura has been shown to me. It is significant that he does not deny that the persons mentioned in (a) above appeared during the course of inquiry against aforesaid Muhammad Shafi Bhatti. He has merely stated, "it is not known whether the persons mentioned in the petition made any statement against Muhammad Shafi Bhatti, the then Station House Officer Ferozewala anywhere." This statement to my mind is not sufficient to ignore the allegation made by the petitioner in ground (a). Ground (b) has been denied and it cannot be said with any amount of certainty, whether the contention of the petitioner mentioned therein is correct.
9. The allegation made in (c) above may not be true, to the extent, that the entire police of Sheikhupura District is at the back of Sub-Inspector Muhammad Shafi Bhatti. However, in view of the fact, that the petitioner and his relatives appeared against Sub-Inspector Muhammad Shafi during the course of inquiry in connection with the murder of Ghulam Muhammad, I cannot exclude the possibility that some of them might be favouring Sub-Inspector Muhammad Shafi Bhatti and thus are naturally against the petitioner and his relatives.
10.It is not denied, that the petitioner filed an application before the Inspector General of Police, West Pakistan, through his brother in connection with this case with a prayer that its investigation be transferred from the local police. At that time, as I find from Annexure 'B', the request of the petitioner was, that the investigation may be entrusted "to some other officer whose status would not be a hurdle in the way of his proper discharge of duties." As to what the petitioner means by the use of the phrase, "whose status would not be a hurdle in the way of his proper discharge of duties", is not very clear. However, it is clear, that there is no denial of the fact, that a deputation of Lawyers from Ferozewala Bar Association appeared before the Deputy Inspector General of Police twice in connection with this case.
11.The contention of the petitioner mentioned in (e) above does not appear to be correct, because from a perusal of the police ziminis, I find, that the statements of several persons were recorded in the defence of the accused persons.
12.Taking an overall view of the matter, I feel, that however honestly the local police might approach this case during the investigation and deal with it, a lurking suspicion would ever remain in the mind of the petitioner, whose sons have been arrested in connection therewith, that in view of his admitted inimical relations with Sub-Inspector Muhammad Shafi Bhatti, his sons are not going to get a fair deal at the hands of the local police officers. Therefore, without any aspersion on the present police staff of Ferozewala Police Station, in the interest of 13.justice, I allow the application and direct, that the investigation of the case shall be transferred to the Crimes Branch, Lahore, which shall finish it within a period of two weeks of the receipt of the relevant papers from Ferozewala Police Station. PLD 1967 LA. 1123