1. This writ petition was filed through Sardar Muhammad Anwar Ahmad Khan, Advocate, who is not present today. The history of this case is chequered one.
2. Sikandar Ijaz, Inspector Police, who was at that point of time, posted in Punjab Constabulary, Farooq Abad, was caught red-handed during a Naka Bandi and from his possession, arms and ammunition were recovered. A case vide F.I.R. No.151 was registered against him. In addition to this case, two other cases were also registered under the provisions of Arms Ordinance against Sikandar Ijaz.
3. The matter was investigated at a very high level and it was found that Sikandar Ijaz while posted in Afghan Refugee Camp had developed relations with Afghan Refugees and thus was engaged in gun running. On the day, when he was apprehended during a Naka Bandi, he was supposed to be in the Lines and, therefore, his presence in a car and his apprehension during a Naka Bandi also threw light on his involvement. The investigation of the case registered vide F.I.R. No.151 was conducted by the local police and it was found that Sikandar Ijaz was guilty of the commission of offence.
4. As far as two other cases are concerned, Mr. Muhammad Amlish, Additional Superintendent of Police who is present in Court, investigated the cases and has also shown me the police record.
5. According to the investigation conducted by him Sikandar Ijaz was found innocent. The police file shows that the complainant and the witnesses in these two cases resiled from their previous stand.
6. Sikandar Ijaz's stand was that since the Superintendent of Police,. Sargodha was inimically disposed towards him, therefore, arms and ammunition were planted on him. As far as F.I.R. 151 is concerned, the Crimes Branch completed its investigation and, in fact, the investigation by the Crimes Branch was conducted-on behalf of the Inspector-General of Police, Punjab. The challan in the case vide F.I.R. 151 has been submitted in Court. During the pendency of the challan, Home Secretary to the Government of, Punjab was approached and it was stated that since the investigation of the case registered vide F.I.R. 151 has also been transferred, therefore, the trial should be stayed and accordingly a stay order was granted. After the approval of investigation conducted by the local police by the Crimes Branch, the stay was vacated and hence this writ petition was filed in this Court; in which besides the other grounds, it was also contended that the Home Secretary vacated the stay order without hearing the petitioner.
7. Mr. Amlish, A.S.P. States that although, the Inspector-General of Police, Punjab, has transferred the investigation of the case registered vide F.I.R. No.151 to him but the file has not been received by him because according to the S.P., Sargodha, the investigation had been completed before the transfer order reached and since the investigation by the Crimes Branch is conducted on behalf of the Inspector-General of Police, Punjab, therefore, the investigation could not be transferred. In. This behalf, a clarification has. Also been sought from the I: G. Punjab. The clarification is still awaited.
8. Considering the case from all angles, I am of the view, that the trial is not proceeding as the stay order had been passed by this Court, therefore, in the interest of justice, I allow the trial to proceed.
9. However, there is no bar and no curb can be imposed upon the powers of police to investigate a case as many times as they choose and in this behalf, the I.-G. Punjab, can pass any order which he deems fit, keeping in view the provisions of law and in case the investigation is again transferred the police has ample power to withdraw the challan.
10. In this view of the matter, I would direct the I.-G. Of Police Punjab to make such order as he deems fit within a week's time of the passing of this order because otherwise, interest of justice, would be jeopardised as the trial would be delayed.
11. Copy of this order shall be sent to the Inspector-General of Police, Punjab for such action or orders as he deems fit.
12. With these observations, this petition stands disposed of.
13. S.A./I-16/L