IFTIKHAR HUSSAIN CHAUDHRY, C.J.- Writ Petitions Nos. 17513/2002, 17591/2002, 17590/2002, 17583/2002, 17535/2002, shall be disposed of by this order: Mian Khan petitioner in Writ Petition No. 17513/2002 is dissatisfied with the investigation being conducted by the local police and seeks transfer of investigation.
Mst. Shabiran Bibi petitioner in Writ Petition No. 17535/2002 is aggrieved of alleged harassment being caused to her by the local police.
Rana Naseer Ahmad in Writ Petition N, 17583/2002 is also aggrieved of alleged harassment being caused to him by police which requires son of the petitioner for investigation in a criminal case.
Muhammad Arif, petitioner and Muhammad Javed, petitioner, in Writ Petition No. 17590/2002 and Writ Petition No. 17591/2002 seek issuance of direction to local police for registration of criminal case against a number of persons.
2. Notices of the petitions were issued to learned Advocate-General, Punjab. Learned counsel for the petitioners as well as learned Advocate-General, Punjab who is assisted by Ch. Nasim Sabir, Addl. Advocate-General, Punjab and Sh. Khalid Habib, Advocate have been heard in the matter.
3. The registration of criminal case, transfer of investigation from one Investigating Officer to another or issuance of a restraint order against the police officer not to cause harassment to a citizen, essentially are administrative functions which are to be carried out by the police functionaries concerned or higher police officers in exercise of powers under Section 51, Cr.P.C, and supervisory powers vesting in them under Punjab Police Rules, 1934 or under provisions of the Police Order (22 of 2002). The District Nazim has also the power to issue necessary direction to police to carry out its functions in accordance with provisions of the Order. Directions which have been sought for by the petitioners through under consideration petitions essentially relate to administrative duties to be performed by the public functionaries and adjudication of rights in the conventional sense of the term, by a superior Court is not required or involved in the process. The High Court is the apex Court under Code of Criminal Procedure, 1898, and as such it has plenary powers or administrative and adjudicatory side to oversee the functioning of all public functionaries who are required to exercise any power or to perform any function under provisions of the Code of Criminal Procedure to ensure strict enforcement of and compliance with various provisions of law relating to registration of cases, investigation thereof and ancillary matters. The High Court is fully empowered to issue an appropriate direction to effectuate the mandate and writ of law. Subordinate functionaries can also be called upon to perform such functions as the High Court might require. Sessions Judges, Additional Sessions Judges and Magistrates (hereinafter Judges and Magistrates) and police/public functionaries can be deputed by h to ensure proper administration of justice. The . Judges and Magistrates, even otherwise, are empowered under Section 22-A, Cr.P.C, and obligated under Section 22-B, Cr.P.C, to carry out their function with regard to correct working of police in accordance with law. The Code of Criminal Procedure, 1898 confers powers on the Judges and Magistrates to direct the police to carry out its function in accordance with law. The registration of criminal case, or proper investigation of criminal case Can be directed by the Judges and the Magistrates. The Judges and Magistrates can competently call upon the police functionaries to desist from causing harassment to people and to remain within^the limits of law. The Judges and Magistrates have ample power in this regard and they have to exercise it in the aid of justice and to alleviate the miseries of the common man. The lower judiciary has to play a more dynamic role in the criminal justice system. The lower judiciary is vested with enough statutory powers in this regard, but for removal of any difficulties it is affirmed that any order passed by the Judges or the Magistrates in exercise of powers under Sections - 22-A and 22-B, Cr.P.C; pursuant to directions given by the High Court would have full sanction of the plenary powers of the High Court and police would be under an obligation to obey the orders passed by the Judges or the Magistrates.
3. The petitions are disposed of in the following terms: The petitioner in each case shall produce a copy of the petition as well as this order before the Sessions Judge of the District who shall look into the grievance of the petitioner, summon the local Station House Officer and issue necessary directions to him with regard to registration of case or for holding an inquiry under Section 157, Cr.P.C, or for carrying out proper investigation of the case.
Sessions Judge can entrust the matter to any Additional Sessions Judge or Judicial Ilaqa Magistrate of the Police Station concerned to do the needful, as well. The formal inquiry and preparation of record is not required. However, if needed, an order in writing can be given to the police. Similarly if, the Sessions Judge is satisfied about grievance of the petitioner with regard to defective, evasive or less than honest investigation, he shall have the power to transfer investigation of the case to any other police officer within the District. The direction in this regard can be given to the District Police Officer to transfer the investigation. The Sessions Judge, the Additional Sessions Judge or the Magistrate would also call upon the respondent Police Officers to remain within the limits of law and strictly abide by the law and procedure and not to cause any harassm ent to any of the petitioners (or any citizen) or other members of their families. The provisions of the Police Order, 2002 should also be kept in view while, exercising powers in this regard, In case an aggrieved person approached the Sessions Judges with any grievance of the kind noted above, the Judges or Magistrates shall issue necessary direction to police even in the absence of any direction from the IG Police and the District Nazim can also be advised to come to the aid of aggrieved party and to exercise powers under Section 35 of the Police Order, 2002.
4. As observed above, directions, issuance of which have been sought for through under consideration petitions are essentially administrative in nature, and do not require adjudication by High Court and only such intervention which is forensic in nature, is required which can be recoursed to in Chamber by the Hon'ble Judges, the office is directed to place similar petitions before the Hon'ble Judges in Chamber only. There is no requirement to place the matter before the Hon'ble Judges in Court, In an appropriate case, the Hon'ble Judge of this Court, keeping in view facts and circumstances of the case, may hear the case in open Court. Hearing of the counsel at great length, in Chamber would not be necessary and is hereby dispensed with from now on.
5. In case the Sessions Judge, the Additional Sessions Judge or the Judicial Magistrate felt that they, keeping in view nature of the controversy between the parties are unable to give requisite relief to the petitioner before them, they shall make a reference to this Court so that effective and speedy relief is given to the citizens and necessary penal action is taken against the delinquent police functionary.
6. A copy of this order shall be remitted to Additional Registrars of each of the Bench of this Court for being placed before the Hon'ble Senior Judges, so that a uniform policy is followed at the Principal Seat as well as the Benches. Copies of the order shall- also be sent to all the Sessions Judges of the Province for information and due compliance.
7. The petitions are disposed of in above terms.