MUHAMMAD NASEEM CHAUDHRI, J.- An occurrence is alleged to have taken place in Police Station Civil Lines, Faisalabad which is situated within the territorial limits of Police Station Rail Bazar, Faisalabad. Syed Aasim Hassan, Qasim Hassan and Shah Nawaz writ petitioners were allegedly given beating by Mian Muhammad Akmal, Inspector/SHO Police Station Civil Lines, Faisalabad as well as by Malik Asghar, Sub-Inspector, Zaka Ullah, Jaffar Ali, Majahid, Zafar Zaman, Shakil Ahmad, Khair-ul-Aman, Nisar Khan, Zahid Parvez and Nasir Abbas, Constables (respondents Nos. 8 to 18).
The said injured were medically examined. They find Writ Petition No. 17193 of 1998 to get registered the criminal case against the aforesaid police officials arrayed as respondents Nos. 8 to 18 in this matter. My learned brother Asif Saeed Khan Khosa, J. Disposed of the writ petition by directing the aforesaid petitioners to approach the SHO Police Station Rail Bazar, Faisalabad alongwith the complaint who was directed to register a criminal case if the allegations of the petitioners disclose commission of a cognizable offence. According to the petitioners they contacted the SHO Police Station Rail Bazar, Faisalabad who did not register the case and they find Criminal Original No. 1007 of 1998 which was taken up by this Bench as my learned brother Asif Saeed Khan Khosa, J. Has been nominated for one year at the Multan Bench. I passed the order for submission of comments which were submitted by Mr. Saleem- ur-Rehman, Inspector (Legal) on behalf of the Senior Superintendent of Police, Faisalabad as well as by Akhlaq Raza, SI/SHO Police Station Rail Bazar, Faisalabad. Instead of proceeding for the contempt of the Court I passed the order on 23.9.1998 for registration of the criminal case and directed the SHO to proceed further in accordance with law.
The aforesaid SHO Police Station Rail Bazar, Faisalabad registered the case FIR No. 287, dated 7.10.1998 under Sections 337- A(i), 337-K, 337-L(ii),'396?-l 47/149 Pakistan Penal Code as on the said date the complaint was submitted before him by Syed Aasim Hassan writ petitioner. The statements of the eye-witnesses were not recorded under Section 161 of the Code of Criminal Procedure. Only the accused and the witnesses were joined in the investigation and the fact was narrated in the case diary. The medico legal report was not given the weight on the ground that the same was ungenuine. While the case was registered on 7.10.1998, the final report about its cancellation was prepared on 8.10.1998 by the SHO and was verified by the Deputy Superintendent of Police/SDPO. The matter was placed before Mr. Muhammad Ikram, Senior Civil Judge/Magistrate Section 30, Cr.P.C., Faisalabad on 2.11.1998, as intimated by the said Presiding Officer who is also present in the Court today. He passed the order to the effect that prima facie there is sufficient material on the record to connect the accused with the guilt. He did not agree with investigation of the police and the request of the police for cancellation of FIR was turned down.
2. On 30.11.1998 the petitioners find this Writ Petition No. 24571/98 for the transfer of the investigation from the local police to the Crimes Branch Punjab, Lahore. The comments were called from the Senior Superintendent of Police, Faisalabad which form part of this writ petition. It is proper to express that Mian Muhammad Asif, Senior Superintendent of Police, Faisalabad stood transferred and was succeeded by Mr. Saud Aziz, Senior Superintendent of Police, Faisalabad. In the said comments the present Senior Superintendent of Police, Faisalabad expressed that the investigation was being conducted by the Range Crimes Branch, Faisalabad and that according to the investigation conducted by the SHO the petitioners managed to get medico legal report with the connivance of one Dr. Muhammad Javed. Thus the view expressed by the SHO and verified by the DSP on 8.10.1998 was endorsed.
3. During the processing of this writ petition, on the query made by this Court, Akhlaq Raza, SI/SHO Police Station Rail Bazar, Faisalabad gave the material in writing that only in this case he has not recorded the statements of the witnesses under Section 161 of the Code of Criminal Code of Criminal Procedure and that the investigation was concluded within a period of 24 hours during his service career. He expressed that he had conducted the investigation with utmost honesty and impartiality.
4. In view of the conduct of Akhlaq Raza, SI/SHO Police Station Rail Bazar, Faisalabad. I felt it proper to hear this matter in the presence of the Senior Superintendent of Police, Faisalabad and Mr. Saud Aziz Senior Superintendent of Police, Faisalabad is present today.
5. Due to the admission of Akhlaq Raza, SI/SHO Police Station Rail Bazar Faisalabad that during whole of his service it is the only case wherein he had not recorded the statement of the witnesses under Section 161 of the Code of Criminal Procedure wherein he concluded the investigation within 24 hours, it can safely be expressed that he violated the order of this Court and committed the contempt of this Court as well as that of the Court of the learned Illaqa Magistrate. This aspect is narrated as under:-
(i) The SHO did not investigate the case in accordance with law in the light of the order dated 23.9.1998 passed by this Court in criminal original No. 1007 of 1998.
(ii) Even though the Ilaqa Magistrate did not agree with his investigation for the cancellation of the FIR, he did not take the steps to further investigate the case and to record the statements of the witnesses under Section 161 of the Code of Criminal Procedure. He did not proceed under Section 173 of the Code of Criminal Procedure within 14 days.
(iii) Even though he appeared before this Court on 16.12.1998 when he gave in writing that this is the only case wherein he has not recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure and concluded the investigation within 24 hours, he has not proceeded further towards the investigation of the case in accordance with law.
6. At this stage Akhlaq Raza, SI/SHO Police Station Rail Bazar, Faisalabad took up the stand that Mian Muhammad Asif the then Senior Superintendent of Police Faisalabad, since transferred, directed him to hand over the police file to Mian Muhammad Akmal, Inspector/SHO (accused) who got incorporated the case diary and that he simply signed the same by declaring the accused as innocent. Thus it is a confession by Akhlaq Raza, SI/SHO towards the non-compliance of the order passed by this Court who preferred to act illegally at the advice of his aforesaid superior police officer. It is proper to mention that on the query made by this Court Mr. Saud Aziz Senior Superintendent of Police, Faisalabad has opined that Akhlaq Raza, SHO has shown disrespect to the order passed by this Court. However, Mr. Saud Aziz, Senior Superintendent of Police, Faisalabad has expressed that the lenient view may be taken and that he would watch the working of Akhlaq Raza, SHO Police Station Rail Bazar, Faisalabad. In the circumstances of the matter when Mian Muhammad Asif the then Senior Superintendent of Police, Faisalabad is said to have indulged in the matter (i) Akhlaq Raza, SI/SHO Police Station Rail Bazar, Faisalabad shall be forthwith transferred by the Senior Superintendent of Police, Faisalabad from Police Station Rail Bazar, Faisalabad to the Police Lines, Faisalabad with effect from tomorrow (26.1.1999) for a period of six months and during this period he shall not conduct any investigation. The matter has been taken leniently and to frustrate the impact and authority of this order if he is transferred from District Faisalabad to some other District by his competent authority the matter for contempt of Court shall be reopened against him to maintain the dignity of this Court as this Court has shown the grace through the passing of this transfer order only. Mr. Saud Aziz, Senior Superintendent of Police, Faisalabad shall comply this order till tomorrow (26.1.1999) and a copy of his order shall be sent to this Court through the learned Assistant Advocate General attached with this Court.
7. In the circumstances of the matter and the aforesaid working of the local police this writ petition is accepted and the investigation of the case is transferred to the Crimes Branch Punjab, Lahore. I am tempted to express that where a Police Officer is the accused, the shape of scale of Justice during the investigation, which is the basis of the administration of justice by the Court, is generally titled. It is the general complaint of the public about the working of the police with respect to the showing of soft comer to the accused who is a member of the police force. However, it is a case wherein two the writ petitioners are the sons of a Police Officer named as Syed Altaf Hussain, Deputy Superintendent of Police/SDPO, Muridkay, District Sheikhupura. This is high time that the Superior Police Officers consider this aspect of the matter with all the seriousness, so that the confidence is reposed in their working. The investigation shall be conducted by a seasoned Police Officer of the rank of Superintendent of Police. The petitioners shall appear before the Inspector General of Police Punjab, Lahore on 2.2.1999 who shall send the file to the Investigating Officer to be appointed in the light pf this order who shall conclude the investigation within a period of forty days. The Senior Superintendent of Police, Faisalabad shall send the police file of this case to the Inspector General of Police Punjab, Lahore till 29.1.1999.
8. All the accused of the First Information Report are allowed a period of 30 (thirty) days to move the learned Sessions Judge, Faisalabad for their admission to pre-arrest bail and during this period they shall not be arrested. The application for pre-arrest bail shall be heard and disposed of by the learned Sessions Judge, Faisalabad himself within a period of 25 (twenty five) days from the date of its making without feeling prejudiced by this order. After the lapse of the aforesaid period if the merits justify and the accused persons are not admitted to pre-arrest bail; they shall positively be arrested.
9. A copy of this order shall be immediately sent to the Inspector General of Police Punjab, Lahore for information and compliance of the order passed by this Court.
10. In the circumstances the parties are left to bear their own costs.