' The petitioners in both Writ Petition No,9278 of 1997 and Writ Petition No,7924 of 1997 challenged the validity of order passed by Inspector-General of Police Punjab on 7-10-1997 under the directions of Chief Minister, dated 22-9-1997 whereby the investigation of case F.I.R. No,193 of 1996 conducted by Haji Abdul Latif, the then D.S.P., Range Crime, Multan was closed and counter version of the case registered at the instance of petitioner in Writ Petition No,9278 of 1997 vide F.I.R. No,221 of 1996 was transferred to S.D. P.O., Sahiwal for investigation.
2. Brief facts of the case are that petitioner lodged F.I.R. No,221 of 1996 at Police Station Noor Shah, District Sahiwal under section 341/506/285/148/ 149, P.P.C. The local Police was investigating the case Meanwhile, another case registered vide F.I.R. No,193 of 1996 reported by Rana Javed Iqbal at Police Station Noor Shah under section 365/324/395/148/149, P.P.C. Was also under investigation.
Copies of both the F.I.Rs, have been attached as Annexures 'A' and 'B' respectively. The investigation of the local police indicated that both the versions relate to one and the same occurrence. The complainant in case F.I.R. No,193 of 1996 was dissatisfied with the investigation by the local police and got it transferred to D.S.P, Sahiwal. The petitioner submitted a written application to D.I.-G.
Police with a prayer that both the investigations of the above titled F.I.Rs, be transferred and entrusted to some other police officer. The allegation of mala fide and his connivance, with his opponent was levelled against the D.S.P., Sahiwal by the complainant, under order of D.L-G., Multan investigation was transferred to Haji Abdul Latif D.S.P. Crime Branch Multan. Subsequently again investigation was handed over to Rana Muhammad Aslam, D.S.P. Crimes Branch, Lahore by D.I.-G.
Crimes Branch. Thereafter, on the application of one of the accused in F.I.R. No,193 of 1996 the I.-G.
Vide order dated 19-7-1997, attached as Annexure 'C' entrusted the investigation of both these cases to Mr. Shaukat, Mahmood Bajwa, A.D.I.G., MuItan Range (Crimes) Multan and also ordered to report the matter to him within a period of three weeks. The order reads as under:- "Let. Mr. Shaukat Mahmood Bajwa A.D.I.-G. Crimes, Multan investigate personally, after withdrawing the investigation from Crimes Branch, Lahore and submit his report to him within three weeks."
3. Mr. Shaukat Mahmood Bajwa, D.S.P. Of A.D.I.-G. Multan summoned the file and started investigation of the case. Rana Javed Iqbal complainant submitted an application to the Chief Minister Punjab, copy attached as Annexure 'D' on 22-9-1997 which was sent to the Deputy Commissioner, Sahiwal by the Chief Minister, who took over the file from A.D.I.-G. Multan for handing over to D.S.P., Sahiwal. The investigation under the orders of Chief Minister was again transferred by I.-G. Vide order dated 7-10-1997 to D.S.P., Sahiwal on the application of complainant in case F.I.R.
No,193 of 1996. The order of I.-G. Is based on written direction of Chief Minister which is reproduced below:-- "Case F.I.R. No,193 of 1996 be finalised as per investigation of Haji Abdul Latif the then D.S.P., Range Crimes, Multan and case F.I.R. No,221 of 1996 be investigated by S.D.P.O, Sadar, Sahiwal personally at the spot and finalise as per merits of the case, under personal supervision of the S.P. And further action be taken accordingly."
' The petitioner is aggrieved of the aforesaid order of Inspector-General of Police, Punjab, Lahore.
4. Learned counsel for the petitioner contends that the Chief Minister is not competent to transfer the investigation from one police officer to another. The investigation of a criminal case falls within the exclusive jurisdiction of Inspector-General of Police and his subordinates, under Chapter 14 of Cr.P.C. And the Police Rules. He had already transferred the investigation of both these cross-cases on 19-7-1997 to Mr. Shaukat Mahmood Bajwa A.D.I.-G. Multan. The order of entrustment of investigation, subsequently, has been reviewed by the I.-G. On the basis of the application submitted by the complainant of case F.I.R. No,193 of 1996 to the Chief Minister under whose direction the previous order was recalled by the I.-G. On 7-10-1997. The subsequent order is wholly without jurisdiction, as laid down in 1987 PCr.LJ 391. He has also submitted that there are two versions, one recorded in F.I.R. No,193 of 1996 and the other in F.I.R. No,221 of 1996. The investigation of both these cases by one and the same officer was absolutely necessary for finding out the truth.
Closing of investigation of one case and transferring the investigation of the other for further investigation is unlawful. He also Submits that the case was transferred from D.S.P., Sadar Sahiwal on the application of petitioner but again in the same S.D.P.O. Has been entrusted the investigation in an illegal manner.
5. Ch. Muhammad Ashraf, learned counsel for the respondent complainant in F.I.R. No,193 of 1996 assisted by Messrs Pervaiz Aftab and Ch. Faqir Muhammad, Advocates submits that Chief Minister has not passed any order although an application was addressed to him. The seal of the Chief Minister's Secretariat according to him has been afixed by some person unknown to the complainant. He submits that no direction was given to the I.-G. By the Chief Minister. He also submits that both the cases have no link with each other and the version of the petitioner that they are counter-version of same occurrence is untrue. He argued that the order dated 7-10-1997 impugned in this petition calls for no interference.
6. I have heard the learned counsel for the parties at some length.
7. The examination of record shows that the petitioner of complainant in F.I.R. No,221 of 1996 and complainant in F.I.R. No,193 of 1996, each of them has given his own version of the occurrence. The local police was investigating both these cases jointly and prima facie was of the view that both the F.I.Rs, Are counter version of the same incident. The case was got transferred by complainant Rana Javed Iqbal to D.S.P. Sahiwal. On the application of the petitioner the investigation was entrusted to Haji Abdul Latif, D.S.P. Crimes Multan. Thereafter, it was under investigation with Rana Muhammad Aslam, D.S.P. Crimes Branch, Lahore and ultimately the I.-G. Entrusted the investigation of the case vide order dated 19-7-1997 to Mr. Shaukat Mahmood Bajwa, A.D.I.-G. Multan. He was conducting the investigation of both these cases jointly, but under the direction of Chief Minister Punjab, I.-G. Vide impugned order has withdrawn the investigation from Mr. Shaukat Mahmood Bajwa and entrusted the investigation of F.I.R. No,221 of 1996 to D.S.P., Sahiwal and regarding investigation of case F.I.R. No,193 of 1996, it was declared as final. The impugned order is neither fair nor just, as the independent investigation is not possible in absence of the file of connected case F.I.R. No,193 of 1996. In order to find out the truth it is absolutely necessary that both the investigations be conducted by one and the same officer. It is for the first time viding impugned order, the files have been separated. Previously, these cases were investigated by one and the same officer right from local police to wherever the investigation was sent. At one stage Rana Muhammad Aslam D.S.P. Also investigated the case but the final investigation under the fair and just order of I.-G. Dated 19-7-1997 was entrusted to A.D.I.-G. Multan as both the cases were sent to him for investigation to be conducted within three weeks. The recall of the files vides impugned order by I.-G. Without spelling out any reason, therefore, leads it to unjust. There was no special reason for the I.-G. To recall his previous order and then to bifurcate on file from the other. He was not justified to send the investigation of case F.I.R. No,221 of 1996 to the same D.S.P. From whom earlier it was transferred. The investigation by D.S.P. Sadar Sahiwal in view of previous allegations and recall of investigation from him is clearly adverse to the principle of honest and impartial investigation. Handing over of investigation to him in the light of the above circumstances is not fair.
8. The contention of the learned counsel for the petitioner that the Chief Minister has no authority to transfer the investigation of a criminal case, is supported by the case of Masti Khan v. Ahmad Nawaz Khan Niazi, S.P. Kasur and 3 others 1987 PCr.LJ 391, which is applicable with full force to the facts and circumstances of the present case. The Chief Minister is the Chief Executive of the Province and the incharge of criminal cases in the Province is the I.-G. Chief Minister does not figure in the Criminal Procedure Code and the Police Rules. Under section 551, Cr.P.C. Police Officer superior in rank to the incharge of police station may exercise the same power through the local area to which he is appointed, as may be exercised by such officers within the limits of his station.
The S.P. Police can investigate himself into a cognizable offence or he can depute another police officer subordinate to him. Similarly D.I.-G. Is incharge of the Division and I.-G. Can exercise such power of the entire Province. The Provisions of Police Act and Rules made thereunder take care of the manner and procedure in accordance with law where such power are to be exercised. No provision of Cr.P.C. Or that of the police Act and$Rules made thereunder confers any power on Chief Minister of a Trovince to order the transfer of investigation of a criminal case from one police officer to another. The order passed by Chief Minister in absence of authority vested in him in the aforesaid provision is wholly coram non judice. The impugned order having been passed under the express direction of the Chief Minister is nullity in the eye of law.
9. The contention of the learned counsel for the respondent that the Chief Minister has not issued any direction is not substantiated by any evidence. Rana Javed Iqbal has not submitted any affidavit that he has not made such application as Annexure 'D' to the Chief Minister. Moreover, the application bears the seal of Chief Minister's Secretariat. Direction of the Chief Minister was complied with by the I.-G. Police. These facts definitely constitute a direction to the I.-G. Police whereby he was compelled to recall his order dated 19-7-1997, vide impugned order. He has not applied his own independent mind to the facts of the case but has acted upon the advice of the Chief Minister. Consequently, the impugned order is Coram non judice. Resultantly, the petition is allowed. The impugned order is quashed. The investigation already pending with Shaukat Mahmood, A.D.I.-G, Multan pursuant to the previous order of I.-G. Dated 19-7-1997 shall be carried out fairly, honestly and justly. Both the petitions are accordingly disposed of with no orders as to costs.