1. Through instant petition, petitioner has challenged the order dated 25.05.2017 which is reproduced here under:- "In suppression of order bearing No,1521-26/AIGP/ Admin/2017 dated 22.05.2017 issued by the Inspector General of Police Sindh Karachi, the Government of Sindh has been pleased to appoint Mr. Ghulam Qadir Thebo, an Officer of Police Service of Pakistan (BS-21), Chairman, Enquiries and Anti-Corruption Establishment, Sindh, Karachi as Inquiry Officer to probe into the conduct of District SSP Sanghar and Sub-Inspector Ghulam Nabi Teheem, SHO Police Station Naon Abad on submission of report before the Court under section 173, Cr.P.C. in case FIR No,13/2017 under sections 302/324/114/506-B/147/148/149, P.P.C. of Police Station Naon Abad, District Sanghar".
2. Perusal of above order, shows that Chief Secretary has appointed an Officer Mr. Ghulam Qadir Thebo as Inquiry Officer to probe into the conduct of SSP Sanghar and SIP Ghulam Nabi Teheem.
3. S.H.O. of Police Station Naon Abad on the submitting the report under section 73, Cr.P.C. before the Court in case FIR No,13/2017 under sections 302/324/114/506-B/147/148/149, P.P.C. of Police Station Naon Abad, District Sanghar. Learned counsel for petitioner contends that by order dated 23.05.2017, T.G.P Sindh directed for discreet enquiry into changes and amendments, made in Section 173, Cr.P.C. report, before its submission to Court therefore, there had never been any need to pass the order impugned. For ease that order is reproduced here under:- "With the approval of competent authority Mr. Mushtaq Ahmed Maher, PSP, Addl. IGP Karachi Range is hereby nominated as an enquiry officer to probe into the conduct of District SSP Sangahr and Sub-Inspector Ghulam Nabi Theheem, SHO of Police Station Naon Ahad on submission of report before the Court under section 173, Cr. P. C. in Case FIR No,13/2017 under sections 302/324/114/506-B/147/148/149, PPC of Police Station Naon District Sanghar. The enquiry officer will hold a discreet enquiry into changes and amendments made in 173, Cr.P.C. report before submission to Court whether they were done on the direction of SSP District Sanghar or otherwise. A. detailed report will be furnished along with specific findings and recommendations within (07) days to this officer, for the perusal of IGP. Sindh." Learned Additional A.G. files comments and contends that since SSP is PCS Officer therefore, only Chief Secretary is competent to refer the matter. Same arguments are adopted by learned D.P.G. Heard; and perused available record.
4. There can be no denial to the position that every superior authority under a legal obligation to have a check over his inferior but the superiority or inferiority itself does not vest any extra jurisdiction nor permits one to deviate from the law and procedure or to use the superiority for an unnecessary interference rather every public functionary regardless of its status is supposed to function in good faith, honestly and within the precincts of its power. Needless to say, it shall never be the wish of an authority to exercise his power but requirement of law and law alone which, too, must be within the four corners of law. Reference may be made to the case of Pir Imran Sajid and others (2015 SCM R 1257) wherein it is held as: "11. Every public functionary is supposed to function in goods faith, honestly and within the precincts of its power so that person concerned should be treated in accordance with law as guaranteed by Article 4 of the Constitution. It would include principles of natural justice, procedural fairness and procedural propriety. The action which is mala fide or colourable is not regarded as action in accordance with law. While discharging officials functions, efforts should be made to ensure that no one is prevented from earning, his livelihood because of unfair and discriminatory act on their part.
12. It is now well laid down that the object of good governance cannot be achieved by exercising discretionary powers unreasonably or arbitrarily and without application of mind but objective can be achieved by following the rules of justness, fairness, and openness in consonance with the command of the Constitution enshrined in different Articles including Articles 4 and 25. The obligation to act fairly on the part of the administrative authority has been evolved to ensure the rule of law and to prevent failure of the justice."
5. At this juncture, it would be conducive to refer relevant portion of letter dated 26.5.2017 of IGP Sindh which is reproduced here under:- As the case was sensitive that is a murder case, hence before submitting additional report in the Court it was deemed appropriate. Senior Officer other than Addl. IGP Special Branch Sindh, should enquire the role of Dr. Farrukh Ali, SSP District Sanghar. In order to give a fair opportunity to the SSP, he was given an option wherein he requested that Mr. Mushtque Ahmed Maher, PSP, Addl IGP Karachi Range to enquire into the matter. This enquiry was being conducted internally to identify the hands responsible for spoiling a murder case. Hence the transfer of enquiry by your good office needs to the immediately reviewed and withdrawn as the same defeats the purpose of Article-4 of Police Act, 1861 which read as under:- "Inspector General of Police etc. The administration of the police throughout a general police- district shall be vested in an officer to be styled the Inspector General of Police, and in such Deputy Inspector General of Police and Assistant Inspector General of Police as to the 2 (Provincial Government) shall deem fit.
6. The transfer of internal departmental enquiries against Police officials including lower officials and Superintendents undermine the authority of IGP and may result in complete chaos leading to breakdown of the discipline. In view of above it is requested that order issued by your office No,SO III (SA&GAD)POL--6- 29/2015(P), dated 25.05.2017 may please be withdrawn.
7. The above reference is sufficient to prima facie establish that not only the competent officer was appointed as Inquiry Officer for probing into an inquiry but a request was made for withdrawal of the order in question. Without diving into competence and jurisdiction of the Chief Secretary Sindh, we would say that since an officer was already appointed as Inquiry Officer by competent authority i,e, IGP for doing a specific duty then the act of transferring/entrusting the same inquiry to some other person prima facie appears to be unreasonable particularly when same does not assign any cogent reason nor denies competence of IGP and even it (impugned order) does not speak that there had been any challenge towards competence or credibility of Inquiry Officer, so appointed by IGP. The term 'suppression' does not mean denial to competence and jurisdiction of IGP nor could be taken as a challenge to credibility of Inquiry Officer which may be a justification for interference for a superior authority to intervene. In absence of reasons or justification, the impugned order legally cannot be stamped as valid.
8. Be as it may, both the orders, so passed by I.G.P. Sindh and Chief Secretary Sindh are viewed, the object of the same is one and same i,e, an inquiry into roles of police officer into a sensitive matter but latter has changed the Inquiry Officer. Since, per Article-4 of Police Act, it is domain of the IG hence impugned order without any cogent reason and legal justification cannot 'suppress' the same, therefore, it would meet the ends of justice to let a competent order sustain particularly when the object of impugned order even shall not prejudice with sustained of such order. There is another aspect which makes the impugned order not tenable in law because the order impugned even does not reflect any cogent reason which could justify replacing of a competent police officer with official of Enquiries and Anti-Corruption Establishment, Sindh, Karachi when yet question or complaint of any 'corruption' is not there but allegations are different hence impugned order is ab nitio-void on the account of that same is illegal, substantiate in the eyes of law.
9. However, as and when Chief Secretary receives any complaint by the concerned police that S.S.P.
10. Sanghar was involved and he has misused his power and if law does not take its own course then he would be competent to pass such direction by intervening as Superior Authority. Petition is disposed of accordingly.
11. Copy of this order shall be communicated to all concerned including IGP Sindh.