' The brief facts out of which the present writ petition arises are that F.I.R. No,605 of 1997 was registered on the complaint of Haq Nawaz Khan/petitioner No,1, under section 419/420/468/471, P.P.C. At Police Station, Burewala, District Vehari against respondents Nos.4 to 13. The contents of the F.I.R. Revealed that petitioner No,1 is owner of agricultural land situated in Mauza Khan Pur Janubi, District D.G. Khan. Respondents Nos. 4 to 13 allegedly prepared forged false and fictitious General Power-of-Attorney No,625/4 on 31-10-1997, on behalf of petitioner No,1 regarding his agricultural land. The investigation was entrusted to Haji Bashir Ahmed/S.-I. Police Station Burewala, who after investigation found respondents Nos.4 to 13 guilty. Thereafter, Mr. Saleem Khan/Inspector-S.H.O.
After completing formalities submitted challan against the aforesaid respondents Nos.4 to 9, 11, to 13 before the competent Court of law. The Court has summoned the accused persons except Ghulam Akbar accused/respondent No,11 and respondents axe facing the trial. Akbar Ali respondent No,11 was not satisfied with the findings of Investigating Officer, preferred an application for the transfer of the investigation before respondent No,1, who transferred the investigation vide order, dated 14-7-1998 and entrusted the same to Kausar Abbas, D.S.P. Headquarter.
2. The learned counsel for the petitioner contended that the successive investigation is not permissible under the provisions of the Police Act and Rules framed thereunder specially when the challah has already been submitted in the Court and the Court has also taken cognizance. The accused have also appeared before the Court who are facing the trial. He further contended that superior Courts also discouraged the successive investigation.
3. The learned Additional Advocate-General supported the contention of the learned counsel for the petitioners and narrated the facts in chronological order as under:--
(i) the case was registered on 21-12-1997 and the investigation was entrusted to Haji Bashir Ahmed/S.-I. Investigating Officer, who after investigation found the accused guilty.
(ii) Mr. Muhammad Saleem Khan/Inspector-S.H.O. After completing all the legal formalities submitted challan on 28-1-1998 against the respondents before the Competent Court of law and the accused appeared before the Court.
(iii) Muhammad Pervaz Rustam-respondent No,5, one of the co-accused submitted an application for transfer of the investigation before the higher authority, who transferred the investigation from Haji Bashir Ahmed, S.-I. To Mirza Amir Baig, D.S.P.
(iv) The petitioners were not satisfied with the performance of the D.S.P. And submitted an application for transfer of the investigation before respondent No,1 by Akbar Ali-respondent No,11, who transferred the investigation on 14-7-1998 from Mirza Amir Baig D.S.P. To Kausar Abbas, D.S.P.
Headquarter.
' The learned Additional Advocate-General also contended that since the challah has been submitted and the trial has been commenced, therefore, respondent No,1 has no jurisdiction to transfer the investigation.
4. I have given my anxious consideration to the contentions of the learned counsel for the parties and perused the record. It is pertinent to mention here that section 12 of the Police Act, 1861 prescribed powers of I.-G. Making Rules. Section 12-A prescribed the powers of the I.-G. Qua investigation and regulation of Police accounts. Chapter 25 of the Police Rules, 1934 relates to investigation and powers of the Police Officer to investigate the matter. The memorandum No,1544-1614/Legal, dated 3-5-1990 from I.-G.P. Punjab, Lahore to all D.I.-G. And S.Ps. In Punjab is issued regarding the mode of transfer of investigation specially regarding successive investigation to the following effect: -- "(2) It has also been observed rather with regret that in some cases where the investigation were completed and challans sent to Court for judicial verdict, the D.-I.Gs. And S.S.P. Were entertaining applications for transfer of investigation and entrusting the same to one Police Officer or another.
No doubt there is no bar to the number of investigations to be carried out before the judgment is announced in a case, but reinvestigation should only be allowed when new evidence comes in to prove the innocence or guilt of the accused and not on flimsy grounds to appease one party or the other. It is, therefore, directed that this practice of frequent transfer of investigations must cease forthwith and further it may please be noted that case once sent to Court the investigation of such cases shall not be entrusted to any Police Officer without the express orders of the Inspector- General of Police."
' Chapter 14 of Criminal Procedure Code also contained information to the Police and their powers to investigate. Section 173 of the Criminal Procedure Code is amended by Act No,25 of 1992, and added proviso to section 1(b) which is to the following effect:-- "Provided that, where investigation is not completed within a period of fourteen days from the date of recording of the first information report under section 154, the officer-in-charge of the police station shall, within three days of the expirattn of such period, forward to the Magistrate through the Public Prosecutor, an interim report in the form prescribed by the Provincial Government stating therein the result of the investigation made until then and the Court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the Court decides that the trial should not so commence."
The bare reading of the aforesaid of provisions of law, re-investigation is not prohibited, therefore, contention of the learned counsel for the petitioner; that once the challan has been submitted before the competent Court and the trial has been commenced re-investigation is not permissible has no force. I am fortified by the following judgments:- ' Safia Begum's case 1993 PCr.LJ 97, Atta Muhammad's case PLD 1965 Lah. 734, 1975 PCr.LJ 120, Muhammad Khan's case PLD 1978 Lah. 731, Syed Saad Bin Zarif's case NLR 1993 Crl. 470, ' Mr. Justice Khalil-ur-Rehman, the then Chief Justice of Lahore High Court has considered the historical book ground of police department of in Muhammad Anwar's case PLD 1997 Lah. 15 in the following terms:-- "In the colonical era police was under bureaucratic control. Since the bureaucracy was largely foreign and had no local political interest the police remained neutral. It, therefore, functioned effectively. At independence control was shifted from bureaucratic to political control.
Consequently, political influence came into play in law enforcement. This compromised the neutrality of the police."
' This Court has also discussed the power of police in detail in Abdul Latif's case Writ Petition No,1884 of 1998 and laid down guidelines for the police to work within the framework of Constitution and law without fear, favor and nepotism which is the basic requirements and mandate of the Constitution and also it is the basic principle of Islam.
' Before independence of findings of investigation of police was respected by the Courts as well as by the public on account of their in pendency; the gradually investigation of police came under the influence of politicians as was taken into by the then Mr. Justice Khalilur-Rehman Khan in Muhammad Anwar's case supra. This situation creates doubts in the mind of the public in general and also every organ of the State that the police functionaries are not functioning in accordance with the Constitution. Keeping in view the prevailing situation of the country the Honorable Supreme Court has taken into consideration qua the successive investigations in a particular case in Riaz Hussain's case 1986 SCMR 1934 and laid down the following principle:-- "The system of re-investigation in criminal cases is a recent innovation which is always taken up at the instance of influential people and favorable reports obtained. This is in no way assist the Court in coming to a correct conclusion, it rather creates more complications to the Court administering justice. We, therefore, disapproved this system altogether."
It is settled position of law on the basis of the aforesaid provisions of law that law permits the carrying out of further investigation, if the circumstances so warrant but, this does not mean that police has unfettered powers in this respect. Re-investigation may be carried out if some further material relevant to the case is required but not to cause harassment to the parties or to oblige one party to the detriment of the othef party. It may cause hardship to the parties to appear before every Investigating Officer along with their witnesses in support of their respective versions. The successive investigation under the influence of the influential persons is created chaos in the country and fate of cases is hanging in the vacuum meaning thereby parties are running from pillar to post to get the decision outside the Courts from the politicians, bureaucrats and Investigating Officer and due to this interference the basic principle of Constitution stands frustrated automatically which will destroy the spirit of trichotomy of our Constitution.
Consequently, our social set up will collapsed and society will run to the law of jungle.
' For the purpose of stable society it is necessary for each and every person irrespective of his position must respect Rule of Law and act in accordance with law without fear, favor and nepotism.
In view of these circumstances, it would be better and appropriate that instead of re-opening the investigation under political pressure fate of the case is left to the decision of the Courts of law where the parties are afforded full opportunity to examine the evidence in support of their versions i,e, why the Legislature has amended section 173, Cr.P.C. By addition of aforesaid proviso and the I.- G. Police issued the aforesaid memorandum kipping in view the dictum laid down by Honourable Supreme Court in Riaz Hussain case supra.
5. Keeping in view the abovementioned discussion now I intend to examine the present case in the light of the aforesaid discussion.
' It is admitted fact that the F.I.R. Was lodged on 21-12-1997 and the investigation was entrusted to Haji Bashir Ahmed, S.-I., who investigated the matter and found the accused persons guilty.
' On the request of Muhammad Perv. Ez Rustam respondent No,5 (accused in the aforesaid F.I.R.) submitted an application before the competent Authority for transfer of investigation from Haji Bashir Ahmed, S.-I. To D.S.P. Mirza Amir Baig, who also found accused person guilty and the challan was submitted in the Court on 23-1-1998 and the accused were summoned, appeared and are facing the trial. The accused were not satisfied with the aforesaid findings of the two Investigating Agency, Akbar Ali respondent No,11 submitted an application before respondent No,2, to transfer the investigation on 14-7-1998 from Mirza Amir baig to Kausar Abbas/D.S.P. Headquarter.
From the aforesaid facts it is crystal clear that the investigation was transferred c twice on the request of accused party. Kauser Abbas/D.S.P. Headquarter did not bring on record any material on the basis of which the investigation was transferred to him. This fact created doubt in my mind that the accused party got the order of the transfer of investigation twice on the basis of their interference on account of the foreign pressure (political pressure) due to this reason the learned Additional Advocate-General also supported the contention of the learned counsel for the petitioners. This fact is sufficient to come to a conclusion that the competent authority has transferred the investigation from Mirza Amir Baig/D.S.P. To Kausar Abbas, D.S.P. Headquarter without applying independent mind and without examining any fresh material, therefore, order of transfer is suffering from illegality; and has not been passed in accordance with law.
6. In view of what has been discussed above, the impugned order/action of respondent No,1 for transfer of investigation from Mirza Amir Baig/D.S.P. To Kausar Abbas/D.S.P. Headquarter is set aside. Resultantly, this petition is accepted. There is no order as to costs.