' Through this Constitutional petition the petitioner seeks direction from this Court to arrest Javed Iqbal, Ohulam Murtaza accused in case F.I.R. No,361 registered on 18.6-1998 on the statement of Rehmat All under sections 337-F5/337-F3/337-A1/337-H2/34, P.P.C., at Police Station Chak Jhumra.
2. Learned counsel for the petitioner contends that Javed Iqbal is employee of District Jail, Faisalabad. He filed Writ Petition No,9379 of 2000 in this Court. On 22-9-2000 the statement was made by the S.H.O. That Javed Iqbal and Ghulam Murtaza have been found as real culprits in this case. The writ petition filed by Javed Iqbal was withdrawn and parawise comments and report to this extent was also filed in this Court. Learned counsel for the petitioner further contends that Ghulam Murtaza is in the employment of Navy. The Police Authorities has not bothered to write a letter to the concerned Authorities for the arrest of said Ghulam Murtaza.
3. On number of occasions the investigations have conducted. Firstly, the investigation of the case was conducted by local police; however, it was transferred and entrusted to A.S.P., Headquarters, Faisalabad by the S.S.P., Faisalabad; then the investigation was transferred to A.S.P./S.D.P.O., Saddar, Faisalabad by the S.S.P., Faisalabad, who declared accused Javed Iqbal and Ghulam Murtaza as guilty; subsequently, the investigation of the case was transferred to S.P. Range Crime, Faisalabad by D.I.-G. Range, Faisalabad. Muhammad Zafarullah Inspector, Range Crime, Faisalabad also conducted the investigation but D.I.-G. Entrusted the investigation to S.H.O., Police Station Chak Jhumra who declared Javed Iqbal and Ghulam Murtaza as guilty. Lastly, the investigation was conducted by Saad Akhtar Bharwana, A.S.P./S.D.P.O., Saddar, Faisalabad and once again the investigation was transferred by D.I.-G., and Muhammad Riaz Nazir Gara, the then A.S.P./S.D.P.O.
Saddar found Javed Iqbal and Ghulam Murtaza as guilty. Learned counsel for the petitioner contends that after the investigation by a Senior Police Officer the investigation was entrusted to Junior Police Officer who declared Javed Iqbal as innocent and the drama is being played and even not a single accused has been arrested.
4. These facts and circumstances have been affirmed by the learned Additional Advocate-General through record.
5. Learned counsel appearing on behalf of Javed Iqbal has contended that the true facts have been concealed and in the last investigation Javed Iqbal has been found as innocent.
6. I have heard the learned counsel for the parties at length and also perused, the record with the assistance of learned counsel for the parties. It is very strange to note that the case was registered in 1998 in which serious allegations of causing injuries have been levelled. The police has not arrested any of the accused. The earlier investigations are conducted by Saad Akhtar Bharwana, and Riaz Nazir Gara, both of them have found Javed Iqbal and Ghulam Murtaza guilty of the offences and recommended for the submission of the challan. Then Javed Iqbal manoeuvred the A transfer of investigation by making application to D.I.-G., who without perusal of the record passed the mechanical order without following the instructions issued by the Inspector-General of Police, Punjab for the transfer of investigation and entrusted the investigation to S.P. Range Crime who also without looking into file of two senior officials entrusted the investigation to Inspector Mukhtar Ali who found Javed Iqbal as innocent while Ghulam Murtaza as guilty of the offences.
7. Senior Superintendent of Police, Faisalabad is directed to take up the matter himself and finalize the investigation within 30 days from the receipt of this order. He shall directly supervise the investigation which shall not be conducted by an officer not below the rank of D.S.P. He is also directed to take action against the Police Officers who failed to arrest even a single accused even after lapse of 2 years after the registration of the case. He is also directed to take into consideration the allegations against the S.H.O. Posted at Police Station Chak Jhumra on 22-9-2000 who appeared in this Court in Writ Petition No,9379 of 2000 and made statement that Javed Iqbal and Ghulam Murtaza have been found guilty but neither Javed Iqbal was arrested nor any action was taken for the arrest of Ghulam Murtaza who was allegedly in the employment of Navy at Karachi.
This drama should come to an end within one month and if no action is taken by the S.S.P. In accordance with law then this Court will issue him contempt notice and S.S.P. Will be responsible for disobedience of this Court.
8. Learned Additional Advocate-General shall inform the S.S.P. About the displeasure shown by this Court against the Police Officers responsible for this conduct.
9. S.S.P., Faisalabad was summoned for today but he sent a written request that due to law and order situation in his district his presence is necessary and case may be adjourned and he has sent a D.S.P. In such circumstances, the presence of S.S.P., Faisalabad is dispensed with.
10. Deputy Registrar Judicial is present in Court, he is directed to be careful in future, he is further directed to direct his subordinates to send notices to the parties with complete particulars.
11. With the abovesaid directions, this petition is disposed of.