MUHAMMAD MUSHTAQ vs ADDITIONAL INSPECTOR-GENERAL OF POLICE

' The petitioner by filing this Constitutional petition seeks setting aside of the order of Inspector- General of Police, Punjab, Lahore whereby he had summoned the file of case F.I.R. No. 887, dated 14- 12-2003, registered at Police Station, Phoolnagar, District Kasur for offences under sections 337- 14(2), 379, 427, 447, 511, 148, 149, P.P.C. For further investigation.

2. Briefly the facts giving rise to instant petition were that the petitioner got registered the aforesaid F.I.R. Against Ijaz Hussain son of Abdullah Khan, Muhammad Hussain, Zaheer Ahmad alias Bagoo, Muhammad Irfan, Luqman, Shakeel Ahmad, Ishaq, Ashfaq sons of Ijaz Hussain, Nadeem, Waseem sons of Muhammad Hussain, Zubair, Mani sons of Zaheer Ahmad, Amjad son of Irfan, Rizwan son of Luqman and five unknown persons; initially the investigation had been conducted by Muhammad Asalm Majana, S.-I. (respondent No.5), who recovered some stolen property from the accused; thereafter D.S.P., Pattoki withdrew. The investigation from him and started conducting the same himself; being dissatisfied with the conduct of said D.S.P., the petitioner made an application to respondent No.1 for transfer of the investigation, who after obtaining opinion of the Board constituted under the Police Order, 2002 entrusted the same to Superintendent of Police, Range Crime Sheikhupura; the said Superintendent of Police after thorough investigation declared the accused persons guilty and ordered for submission of challan before the Court; consequently challan was submitted before the trial Court, which has taken cognizance and formally declared the accused persons as proclaimed offenders and perpetual warrants of arrest had been issued against them. According to the petitioner, Inspector-General of Police, Punjab, has again summoned the file of the case for the purpose of transfer of investigation. Hence, the instant petition.

3. The contention of the learned counsel for the petitioner was that the order of the Inspector- General of Police referring the matter to the Standing Board for transfer of investigation on the application of an accused, who was a fugitive from law, is absolutely illegal.

4. A report had been requisitioned from the Additional Inspector-General of Police (Investigation), Lahore (respondent No.1), which he had submitted stating therein that the case file of the aforesaid case was being examined by the Board on the basis of an application of Hafiz Ishfaq Ahmad accused, _ which he had made seeking transfer of investigation to the Crimes (Investigation)

Branch, Lahore.

5. Both the sides have been heard at length. I would not like to go into the veracity of the allegations made in the writ petition. However, the contention of the learned counsel for the petitioner that the application of a fugitive from law had been entertained and a Board had been constituted on the basis of said application is not denied by the Police Authorities. It is now well- settled that a fugitive from law loses all the rights to which a normal person is entitled under procedural or substantive laws. It has also been held by the Honourable Supreme Court of Pakistan in the case of Gul Hassan and others PLD 1969 SC 89 that Court is not to act in aid of a fugitive from justice. If a Court is precluded to act in aid of a fugitive from justice, it is not conceivable that the executive Authorities have got wider powers than the Court. This is precisely what has been done by the Inspector-General of Police in instant case. It is also not denied that the challan had already been submitted in the Court and the trial Court had taken cognizance of the matter, where the applicant as well as his other co-accused had been formally declared proclaimed offenders. As such his application could only have been entertained if he had surrendered to the Court or the relevant Authorities. Since this was not done, therefore, his application could not have been entertained.

6. Resultantly, this petition is allowed and the impugned order dated 14-3-2005 passed by the Inspector-General of Police, Punjab in consequence whereof the application of Hafiz Ishfaq Ahmad accused had been placed before the Standing Board for considering transfer of investigation of case F.I.R. No.887, dated 14-12-2003, registered at Police Station, Phoolnagar, District Kasur for offences under sections 337-H(2), 379, 427, 447, 511, 148, 149, P.P.C. , is hereby set aside. No action shall be taken on the application moved by Hafiz Ishfaq Ahmad accused. However, if the said applicant ceases to be a proclaimed offender by surrendering before the Court or the relevant Authorities, he may make such an application, which will, of course, be decided on its own merits.

There will be no orders as to costs.