[22-3-19991: This is a petition filed by Sultan Mahmood petitioner for the registration of a criminal case against the S.H.O. Police Station Chhab Klan, District Khanewal and other police officials working with him as well as against the Police Station Saddar, Khanewal as well as the police officials working with him for the alleged murder of his brother Muhammad Shoaib lmran in the precincts of Police Station Chhab Klan. District Khanewal. According to the petitioner, Dildar Ahmad S.H.O. Police Station Chhab Klan, District Khanewal forcibly trespassed his house situated in D.H.Q.
Hospital. Lodhran on 2-3-1999 at 4-00 p.M. Along with five police constables who caused destruction to the house-hold articles and forcibly took away his brother along with their sister Mst.
Rashidan posted as Lady Health Visitor in Chak No,7015-L, Tehsil Mianchannun, District Khanewal in the presence of the witnesses. His brother Muhammad Shoaib Imran was confined in Police Station Chhab Klan, District Khanewal where he and the witnesses tried to contact him at 10-00 p.m. The request made by them to Dildar Ahmad S.H.O. To see his brother Muhammad Shoaib Imran was turned down who told them that Muhammad Shoaib Imran was the accused of case F.I.R. No,65, dated 26-2-1999 registered at Police Station Chhab Klan, District Khanewal under section 302/324/109/34, Pakistan Penal Code and he told them to come to see his brother at 2-00 p.m. On the next day. According to him, his brother was not the accused of any case. He maintained that he was informed that Malik ljaz Ahmad, S.H.O. Police Station Saddar Khanewal and Dildar Ahmad S.H.O.
Police Station Chhab Klan, District Khanewal were investigating the case against his brother.
According to him, both the S.H.Os. Came and gave some instructions to the staff. According to him, he went to the Police Station Chhab Klan, District Khanewal on the next day along with the respectable but he was not allowed to see him. He maintained that at 10-00 p.m. Both the S.H.Os.
Came back and that he was told that his brother had committed suicide. The contention of the petitioner is that his brother Muhammad Shoaib Imran has been murdered whose autopsy was got conducted in D.H.Q. Hospital, Khanewal. The following order is passed for compliance and execution because the dead body was found in the precincts of Police Station Chhab Klan, District Khanewal which means that Muhammad Shoaib Imran was with the S.H.O., Police Station Chhab Klan, District Khanewal and that the verdict about the suicide cannot be given by the said S.H.O.:--- "Sultan Mahmood petitioner shall appear before the S.H.O., Police Station City, Lodhran on 25-3- 1999 at 10-00 a.m. Along with his written complaint containing all the material facts and the said S.H.O., shall register a case in letter and spirit with all the seriousness in terms of section 154 of the Code of Criminal Procedure read with Rule 24.5 of the Police Rules.
1934. The S.H.O., Police Station City Lodhran shall hand over a copy of the F.I.R., to Sultan Mahmood complainant."
2. Obviously the investigation has to be conducted in terms of section 4(1)(i) read with section 162 of the Code of Criminal Procedure. The S.H.O. Police Station City Lodhran shall visit Police Station Chhab Klan, District Khanewal on 26-3-199 at 1-00 p.m. Along with Sultan Mahmood petitioner. He shall maintain the case diary after the registration of the case. He shall make the spot inspection and prepare the spot inspection note. He shall take into his possession all the papers relevant in the matter prepared by the Police, Police Station Chhab Klan, District Khancwal including the injury statement, the inquest report, the postmortem report, the relevant report from the daily diary of the said Police Station pertaining to the matter.By the S.H.O., Police Station Chhab Klan. District Khanewal. He shall take into possession the string (rope); if any, with which Muhammad Shoaib Imran deceased is said to have committed the suicide through the preparation of a memo. Of recovery and the string (rope) shall be sealed by him in a parcel. If the S.H.O., Police Station Chhab Klan, District Khanewal has proceeded in the matter already the S.H.O., Police Station City Lodhran shall take into possession the string and the recovery memo. Already prepared. The S.H.O., Police Station City Lodhran shall appear before this Court on 31-3-1999 positively along with the police file and on that date this writ petition shall be further processed with.
3. The learned Additional Advocate-General shall intimate the Superintendent of Police, Lordhran as well as the S.H.O., Police Station City, Lodhran today about the passing of this order so that the same is executed on 25-3-1999 and afterwards and a copy of this order shall be handed over to him immediately.
4. Obviously the investigation has to be conducted afterwards and the investigation may be sent/transferred to some Senior Police Officer.
(Sd.)
Muhammad Naseem Chaudhry, Judge.
' Mian Ashfaq Ahmad for Petitioner.
[31-3-1999]: In this case the S. H .0. , Police Station City Lodhran has investigated the case. He has made the inspection of the house of the complainant situated in Lodhran and the place of occurrence situated in Police Station Chhab Kalan District Khanewal. He has recorded the statements of the prosecution witnesses pertaining to Lodhran and the prosecution witnesses pertaining to Chhab Kalan. However, he has not annexed the statements of the prosecution witnesses pertaining to Chhab Kalan which he shall produce tomorrow (1-4-1999).
2. He has taken into possession the rope and some other items as well mentioned in the police file.
He has taken into possession the last worn clothes of the deceased as well as the copy of Post- mortem Report.
3. Sultan Mahmood complainant has expressed that he is being pressurized by both Malik Dildar Mimi Inspector and Malik Ijaz Hussain S.1. Who are the nominated accused in the F.I.R. Even the Medical Superintendent District Headquarters Hospital Lodhran has sent the letter to the Deputy Commissioner Khanewal bringing to his notice that Malik Dildar Ahmad Inspector Police came to his office on 6-3-1999 and threatened him with dire consequences. In the circumstances of the matter it is proper to hear the following District Officers:---
(i) The District Magistrate, Khanewal.
(ii) The Superintendent of Police, Khanewal.
(iii) The Medical Superintendent D.H.Q. Hospital, Khanewal.
4. The learned Additional Advocate-General shall immediately contact all the aforesaid Officers and direct them on behalf of this Court to appear tomorrow (1-4-1999) at 9-30 a.m. Learned Additional Advocate-General has suggested that both Malik Dildar Ahmad Inspector and Malik Ijaz Hussain S.I. May also be directed to appear. The Superintendent of Police, Khanewal is directed to cause their appearance before this -Court tomorrow (1-4-1999) who shall appear along with him.
5. As expressed above the S.H.O., Police Station City Lodhran, shall bring whole of the files along with him. He shall also make the efforts to get the final opinion of the viscera sent to the Chemical Examiner.
6. This case shall be listed for 1-4-1999.
7. A copy of the letter sent by the Medical Superintendent D.H.Q. Hospital, Khanewal to the Deputy Commissioner, Khanewal has been added with this file. The Deputy Commissioner, Khanewal shall also bring the original letter.
8. It was intimated during the proceedings today that Muhammad Shoaib Imran deceased was involved only in one case bearing F.I.R. No,65, dated 26-2-1999 registered at Police Station Chhab Kalan under section 302/324/109/34 of Pakistan Penal Code and the deceased was arrested in the aforesaid case. However, the version of the police in the aforesaid case F.I.R. No,65 is that he was arrested from some other place. At the direction of this Court a photo stat of the police file of the aforesaid earlier case has been produced by Muhammad Mansha S.I. Which has been added to the file of the writ petition.
9. In case of non-appearance of both Malik Dildar Ahmad Inspector and Malik Ijaz Hussain S.I./S.H.O.
The Superintendent of Police shall have to mark their absence and further order in the matter shall be passed. Both the aforesaid Police Officers are directed not to harass the complainant as well as any other witness.
10. In the case Diary I have surprisingly noted that the version of the accused has also been recorded by the Investigating Officer even though no accused has appeared before him. I would, therefore, hold that the defence version stands deleted and eclipsed from the case Diary which shall not be considered at this stage.
(Sd.) Muhammad Naseem Chaudhry, Judge.
' Mian Ashfaq Ahmad for Petitioner.
' Khadim Nadim Malik, Addl. A.-G. For Deputy Commissioner, Khanewal and S.P., Khanewal.
' Malik Muntazir Mehdi for Jaffar Hussain Constable-Accused.
11-4-1999]: Both the Deputy Commissioner and the Superintendent of Police were called by this Court so that the complaint of Dr. Lqbal Ahmad Medical Superintendent is looked into by them as he sent the letter on 6th of March, 1999 to the Deputy Commissioner. Khnewal bringing to his notice as to how he has been threatened by one of the accused namely Dildar Ahmad Inspector/S.H.O., Police Station Chhab Kalan, District Khanewal. No action has been taken on 'the application of the Medical Superintendent and the Deputy Commissioner, Khanewal has been asked to proceed in accordance with law having the command on the District including the Police Department according to the Police Rules and the Police Act.
1861.
2. The copy of the application sent by the Medical Superintendent to the Deputy Commissioner shall he taken into his possession by Muhammad lqbal Kamiana S.I./investigating Officer today.
3. In terms of order, dated 31-3-1999 both Malik Dildar Ahmad Inspector and Ijaz Hussain S.I. Have not been produced by the Superintendent of Police even though the order was passed that he shall cause their_ appearance before this Court today. He has ensured their production on 2-4-1999.
4. Let this matter be listed for 2-4-1999:
5. On the application of Dr. Iqbal Ahmad Medical Superintendent the District Magistrate shall proceed today in accordance with law.
6. On 2-4-1999 the Superintendent of Police shall appear while the Deputy Commissioner need 'not appear.
(Sd.)
Muhammad Naseem Chaudhry Judge ' Mian Ashfaq Ahmad for Petitioner.
' Khadim Nadirn Malik, Addl. A.-G. For Respondent.
' Malik Muntazir Mehdi for Jafer Hussain Constable-Accused.
[2-4-1999]: The Superintendent of Police. Khanewal has intimated that Dildar Ahmad Inspector/S.H.O., Police Station Chhab Kalan and Ejaz Hussain S.I./S.H.O., Police Station Saddar Khanewal have disappeared. He has expressed his inability to produce them today before this Court due to the aforesaid conduct. The Superintendent of Police has intimated that they have been marked absent and shall be proceeded with in accordance with law.
2. The investigation stands initiated. The accused are entitled to join investigation in terms of section 4(1)(1)/162 of the Code of Criminal Procedure to get recorded their version. They are allowed the period of fifteen days from today to move the Court of competent jurisdiction for their admission to pre-arrest bail otherwise the risk shall be entirely on their shoulders as they shall be arrested. In case of making of the application by all the accused of every rank the same shall be disposed of positively within a period of fifteen days thereafter by the concerned Court.
3. Fair and impartial investigation is the fountain of justice. As such the following order is passed:-
(i) All the nominated accused are transferred from their respective place of posting to the Police Lines Khanewal till the conclusion of the investigation and in case of submission of challan till the conclusion of the trial. It means that they shall not be posted in any police station including the Central Intelligence Agency (C.I.A.). The Superintendent of Police Khanewal shall comply this order/direction today and shall send a copy of the same to the learned Additional Advocate- General who shall hand over the same to the Deputy Registrar (Judicial) of this Court for attaching with this file.
(ii) The investigation of this case F.I.R. No,140 registered on 25-3-1999 under sections 364, 302, 452, 148 and 149 of Pakistan Penal Code at Police Station City Lodhran is transferred to Captain (R)
Zubair Ahmad Superintendent of Police. Crime Branch, Punjab, Lahore (or even if he is transferred to any other place of posting) before whom the police file of this case and the other case F.I.R. No, 65 registered on 26-2-1999 at Police Station Chhab Kalan shall be delivered on 8-4-1999 by Mr: Muhammad Iqbal Kamiana S.1./S.H.O. Police Station City Lodhran with a copy of this order which shall be delivered to him (S.H.O.) free of cost by the Deputy Registrar (Judicial) on 5-4-1999.
Captain (R) Zubair Ahmad Superintendent of Police Crime Branch Punjab Lahore shall make it convenient to complete the investigation within thirty days and send the file to the Superintendent of Police Lodhran thereafter for further legal proceedings. During the investigation the complainant party and the accused party shall be joined. However, if any party fails to appear before him, he shall proceed further in accordance with law.
(iii) It has been intimated that about the issuance of threats to the Medical Superintendent District Headquarter Hospital Khanewal by Dildar Ahmad Inspector/S. H .0. F .I.R . No,129, dated 1-4-1999 stands registered at Police Station City Khanewal under sections 506, 353 and 186 Pakistan Penal Code. Muhammad Iqbal Kamiana S.I./S.H.O. Police Station City Lodhran shall take into his possession letter, dated 6-3-1999 sent by the Medical Superintendent, District Headquarter Hospital Khanewal to the Deputy Commissioner Khanewal today by going to Khanewal. If he shall not be available today, the same shall be collected vide memo. Till 3-4-1999 as in that letter Dildar Ahmad Inspector/S.H.O. Is said to have Threatened the Medical Superintendent District Headquarter Hospital Khanewal. The Investigating Officer may also consider the same while forming the final opinion.
(iv) The Superintendent of Police Khanewal and the Superintendent of Police Lodhran shall listen to the prosecution witnesses with all the seriousness, if any difficulty is brought before them.
(v) The S.H.O., Police Station City Lodhran shall make the last entry in the case diary before submission as directed above.
(vi) The office shall send a copy of this order with a covering letter of Captain (Retired) Zubair Ahmad Superintendent of Police Crime Branch Punjab Lahore immediately through T.C.S. At State expense.
4. This writ petition stands disposed of.