' Through this petition in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has called in question the investigation conducted by JIT so far in case No, 510/2014 dated 17.6.2014 offence under Section 302, 34, 324, 353, 186, 148, 149, 290, 427, 506-B, 109, PPC read with Section 13.10.65 Arms Ordinance, read with Section 7 of Anti-Terrorism Act, 1997, Police Station Faisal Town, Lahore be declared null and void ab-initio, without lawful authority and the Respondent No, 2 be directed to make available the report of learned Judicial Commission to the public as well as the petitioner.
2. Precisely, the germane events forming the background of this petition are that on 17.6.2014, Assistant Commissioner Model Town alongwith his Anti-Encroachment Gang Staff went to Idara Minhaj-ul-Quran for allegedly removing barriers/barricades, allegedly facing some resistance requisitioned District Police as well as Elite Force etc. And while removing barriers an arson took place and allegedly 14 persons were done to death and, about 83 persons were injured and the criminal machinery was set into motion on the eve of lodging FIR No, 510/2014 dated 17.6.2014 offence under Sections 302, 324, 353, 186, 148, 149, 290, 427, 506-B, 109, PPC read with Section 13.20.65 Arms Ordinance, read with Section 7 Anti-Terrorism Act, 1997 at police Station Faisal Town, Lahore. Later on the formal investigation was taken off and JIT was formed and the petitioner was arrested and his physical remand was obtained from 14.7.2014 to 20.8.2014 and the learned trial Court did not notice that the interim report was not submitted within 30 working days as mandated under Section 19(2) (5) of Anti-Terrorism Act, 1997 and that the Court of its own expedited its order without the issuance of prior notice and sent the petitioner to judicial remand on 20.8.2014 after about 38 days. That on 28.8.2011 interim report was submitted in the learned trial Court without mentioning Sections 302 and 319, PPC but at the foot of report Section 319, PPC finds mention. That in the meanwhile another FIR No, 696/2014 at Police Station Faisal Town for the same occurrence was got registered. That to dig out the real facts the learned Judicial Commission was formed in this case and the learned Judicial Commission concluded its report and the petitioner also prayed that the Respondent No, 2 be directed to make report of learned Judicial Commission available to public and the petitioner.
3. We have heard the learned counsel for the petitioner and also the learned Additional Advocate- General at considerable length and have gone through the documents appended with this petition. It has been noticed by this Court that on the written complaint of Inspector Rizwan Sadiq Hashmi, former SHO Police Station Faisal Town Lahore with regard to the incident dated 17.6.2014 of Minhaj-ul-Quran, a case FIR No, 510/2014 dated 17.6.2014, u/S. 302, 34, 324, 353, 186, 148, 149, 290, 191, 427, 506-B, 109, PPC read with 13.20.65 Arms Ordinance & 13-B/20.65 Arms Ordinance and 7 Anti- Terrorism Act, 1997 was registered. Before the constitution of JIT, the police arrested 52 persons on the spot and recovered different kinds of weapons and empties from the spot. The Joint Investigation Team (JIT) was constituted u/S. 19-A Anti-Terrorism Act, 1997 by the Government of Punjab headed by Addl: Special Branch Punjab Lahore vide order No, SO(SPL-CTS)11-1/2014(Lahore) dated 21.6.2014 and No, SO(SPL-CTS)11-1/2014(Lahore), dated 28.6.2014. The officers of ISI, MI and IB were also nominated the members of JIT by the Government of Punjab and JIT started the investigation on 27.6.2014 and JIT fixed liability on 9 police officials. The fare and independent investigation is statutory right and at the same time obligation of police. The Courts can neither directly interfere nor influence investigation officers in investigation. It is the statutory duty of the police to investigate into the commission of a cognizable offence on the basis of report having been made to that effect. The challan against the petitioner has been sent to the Court of competent jurisdiction on 16.9.2014. It is settled law that after submission of challan before the learned trial Court FIR cannot be quashed and the fate of the case and of the accused persons challaned therein is to be determined by the trial Court itself. It goes without saying that after submission of challan in the trial Court an accused person deems himself to be innocent and falsely implicated and he wishes to avoid the rigors of a trial then the law has provided him a remedy under Sections 249-A/265-K, Cr.P.C. To seek his premature acquittal if the charge against him is groundless or there is no probability of his conviction. There is another factor in this case that out of so many accused, only one. Person/petitioner has approached this Court in this co regard. It is settled law that FIR cannot be quashed partially. In this regard reliance can safely be placed upon PLD 2013 SC 401.
4. So far as the question of report of judicial commission is concerned that matter is pending before larger bench of this Court, so we are not intended to pass any order in this regard.
5. For what has been discussed above we have not seen any merits in this petition and the same is hereby dismissed.