' Wali Muhammad son of Ameer Muhammad petitioner is alleged to have been murdered on 7-7- 1998 in Mauza Zamaywala, Tehsil Kallorkot, District Bhakkar and F.I.R. No,168, dated 7-7-1998 stands registered at Police Station Kaloorkot, District Bhakkar, under section 302/34, Pakistan Penal Code against the accused namely Muhammad Akbar, Hameed Ullah, Muhammad Saeed and Muhammad Sadiq. The investigation is being conducted by the S.H.O., Police Station Kaloorkot.
Ameer Muhammad petitioner felt dissatisfied with the investigation and filed Writ Petition No, 6406 of 1999 for the transfer of the investigation. The said writ petition was disposed of by me on 15-1- 1999 directing the petitioner to contact the Inspector-General of Police, Punjab, Lahore on 28-1- 1999, along with a certified copy of order dated 15-11999, a copy of the writ petition and his application for the transfer of the investigation out of District Bhakkar to some honest and responsible Police Officer. According to the petitioner he visited the office of the Inspector-General of Police, Punjab, Lahore many times, but he was not attended to and that an order in the words "let S.P., Bhakkar verify investigation personally, at the spot, ensure justice and report at the earliest' was passed on 10-3-1999 which was sent to the Superintendent of Police, Bhakkar.
2. Feeling dissatisfied by the aforesaid order Ameer Muhammad petitioner has filed this Writ Petition No,6406/99 wherein his proposed relief is that the Inspector-General of Police. Punjab, Lahore may be directed to entrust the investigation of the aforesaid murder case to the Provincial Crimes Branch at Lahore at the hands of some senior and honest Police Officer for the redressal of the grievance of the petitioner.
3. I would express that order, dated 10-3-1999 passed by the Inspector-General of Police, Punjab, Lahore is not within the perspective of the order passed by this Court on 15-1-1999. The petitioner was desirous for the transfer of the investigation out of District Bhakkar, yet the investigation was directed to be verified by the ,Superintendent of Police, Bhakkar. I would hold that in terms of the provisions of the Code of Criminal Procedure the investigation has to be verified by the superior Police Officer and the aforesaid order dated 9-3-1999 cannot be said to be the satisfaction of the desire of the petitioner in the matter whose closest relative i.e his son Wall Muhammad has been murdered:
4. I am aware that this Constitutional Court has not to pass an order for the transfer of the investigation from one Police Officer to another Police Officer in routine. However, in exceptional cases the investigation can be transferred by this Court and in the circumstances enumerated above this is One of those cases wherein the discretion must be exercised by this Constitutional Court in favour of the petitioner. I would, therefore, like to dispose of this writ petition through the passing of the following order:-- "The investigation of Crime Case No,168 registered on 7-7-1998 at Police Station Kaloorkot, District Bhakkar, under section 302/34, Pakistan Penal Code is withdrawn from the Police of District Bhakkar and is transferred to Capt. Retd. Zubair Ahmad, Superintendent of Police, Crimes Branch, Punjab, Lahore who shall make it convenient to conclude the investigation according to law within a period of two months. Obviously he would join the parties in the investigation keeping in view sections 4(1)41) and 160 to 162 of the Code of Criminal Procedure. The accused persons shall be entitled to join investigation and to get recorded their version. Anyhow if any of the parties does not join the investigation the Superintendent of Police, Crimes Branch, Punjab, Lahore shall be competent to proceed further in accordance with law."
5. The petitioner shall appear before Capt. Reid. Zubair Ahmad, Superintendent of Police, Crimes Branch. Punjab, Lahore on 19-4-1999 along with a certified copy of this order. The office shall immediately direct the Superintendent of Police. Bhakkar on behalf of this Court to send the file to Capt. Retd. Zubair Ahmad, Superintendent of Police, Crimes Branch, Punjab, Lahore through the S.H.O., Police Station Kaloorkot, District Bhakkar which shall be produced before him by the S.H.O. On 19-4-1999. In this regard a copy of this order shall be sent to the Superintendent of Police, Bhakkar through T.C.S. At the expense of the petitioner till 16-4-1999 for compliance.
' Copy Dasti subject to payment of usual charges, if any.