' Meraj Ahmad petitioner is the complainant of Crime Case No, 396, dated 22-7-1998 registered at Police Station City Pakpattan Sharif under sections 440, 506, and 148/149, Pakistan Penal Code.
2. At the direction of the Deputy Inspector-General of Police, Multan Range, Multan/respondent No,1 the case is being investigated by the Superintendent of Police, Pakpattan Sharif/respondent No,2.
3. The grievance voiced through the filing of this writ petition is that the Investigating Officer/Superintendent of Pakpattan Sherif is pressing the parties to get settled the matter on the special oath of the Holy Qur'an. The petitioner-complainant does not want to get settled the matter on special oath.
4. There is no need to get the comments from respondent No,2 as the law is clear on the point.
Under section 165(1) of the Qanune-Shahadat Order, 1984 a civil matter can be got settled on the special oath. However, it is specifically contained in subsection (3) of section 163 of the Qanun-e- Shahadat Order, 1984 that the provisions of section 163 of Qanun-e-Shahadat Order, 1984 do not apply to the laws relating to the enforcement of Hudood or other criminal cases. It has also been commanded in the ruling printed as Mst. Bashiran Bibi v. Nisar Ahnsad and others (PLD 1990 Supreme Court 83) that the procedure of swearing on Holy Qur'an (oath proceedings) is not applicable in criminal proceedings in view of section 163 of the Qanun-e-Shahadat Order, 1984.. It has also been held in this ruling that the sanctity of the Holy Qur'an is such that it cannot be brought in oath and that approval of such a procedure would throw the entire administration of criminal justice into disarray due to prevalent moral standards.
5. I am tempted to express that if the miners, during the investigation, are too he disposed of on oath then the texture of whole of the working in the racer becomes unnecessary as one Police Officer can perform such a duty in the office of the Superintendent of Police of the District without visiting the place of occurrence or collecting the evidence which is not the intention of law. If such type of working is approved there may be administrative chaos in the society with the passage of time leading towards judicial anarchy. I would afro express my sentiments that by adopting such a working the Investigating Officers make the attempt to desecrate the Holy Qur'an who should refrain themselves therefrom lest the wrath of God may not fall.
6. In view of what has been expressral above, I issue a writ of mandamus to respondent No,2 to investigate the case under the statutory law contained in the Code of Criminal Procedure especially when under Article 4 of the Constitution of the Islamic Republic of Pakistan to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen wherever he may be.
7. The petitioner shall make the application supported by a certified copy of this order before the Investigating Officer/respondent No,2 to initiate/start the investigation and the same shall be concluded within a period of 30 days from the making of the application without feeling prejudiced by this order.
8. This petition stands disposed of.