Ghulam Muhammad vs Province of Sindh through Secretary Home
This Constitutional Petition was filed by the petitioner, an accused in FIR Crime No. 111/2019, seeking a court-directed inquiry into the investigation of the case and departmental action against the investigating officer for allegedly registering a false FIR due to mala fide intentions. The core legal question was whether the High Court should interfere with an ongoing police investigation or direct a departmental inquiry when the matter is already pending before a court of competent jurisdiction. The Court dismissed the petition, holding that as the case was already pending before the trial court, the petitioner must seek relief through that forum rather than invoking the constitutional jurisdiction of the High Court. The Court further noted that while the petitioner alleged mala fide, he failed to substantiate these claims with specific evidence on the record. The key principle laid down is that the High Court will only interfere in an investigation if the petitioner proves specific instances of mala fide, such as personal motives, colourable exercise of power, or fraud of law, and that generally, the trial court is the appropriate forum for seeking relief in pending criminal matters.
- Under what circumstances can the High Court interfere with an ongoing police investigation?
- Is a constitutional petition the appropriate remedy when a criminal case is already pending before a court of competent jurisdiction?
- What criteria must be satisfied to establish mala fide in the context of a police investigation?
- Section 337-V, Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 114, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
ORDER
ABDUL MOBEEN LAKHO, J.---Through the instant Constitutional Petition, petitioner/accused Ghulam Muhammad has prayed for the following reliefs: "a) That this Honourable Court may kindly be pleased to direct the Respondent No.2 that he may conduct inquiry of FIR Crime No.111/2019, under sections 337-V, 354, 114, 201, 504, P.P.C. of Police Station Kandiaro and submit such report before this Honourable Court. b) That this Honourable Court may kindly be pleased to direct the respondent No.2 that he may conduct departmental inquiry against the respondent No.3 on registration of false FIR against the petitioner party on the instance of influenced persons and take departmental action against him. c) That this Honourable Court may be pleased to grant any other equitable relief which deems fit and proper in the circumstances of the above case. "
Counsel for petitioner was directed vide order dated 03.09.2019 to satisfy the Court under what circumstances this Court can interfere with the investigation.
3. Learned counsel for the petitioner submitted that final report has been submitted against the petitioner by the Investigation Officer for the mala fide reasons.
4. Mr. Zulfiqar Ali Jatoi, Additional Prosecutor General present in the Court waived notice and argued that case is pending before the competent Court of Law. Trial Court may be directed to decide the case on merits.
5. In case of Ghulam Sarwar Zardari v. Piyar Ali alias Piyaro and another (2010 SCMR 624), Honourable Supreme Court has held as under:- "If the investigation is launched in bad faith out of personal motives either to hurt the accused or to benefit oneself or in colourable exercise of powers not authorized by the law under which the action is taken or action taken in fraud of the law then it comes within the scope of mala fide. The fraud of the law or colourable exercise of powers amounts to abuse of the process of law. The investigation can be corrected and necessary orders can be passed if the aggrieved party alleges and proves one or other of the following conditions:
(I) investigation initiated beyond the jurisdiction of Investigating Agencies;
(2) investigation initiated with mala fide intention;
(i) in bad faith out of personal motives either to hurt the person against whom the action is taken or to benefit oneself.
(ii) in colourable exercise of powers;
(iii) not authorized by the law under which the action is taken;
(iv) action taken in fraud of the law; and
(v) abuse of the process of law."
6. Learned counsel for the petitioner pointed out that presently case is pending before the Court of competent jurisdiction. Proper course for the petitioner would be to approach the trial Court for seeking any relief available to him under the law. No doubt, learned counsel for the petitioner has alleged mala fide against the Investigation Officer, but he could not point out specific mala fide floated on the record.
7. Petition is without merit and the same is dismissed. However trial Court is directed to decide the case expeditiously. These are the reasons of our, short order announced by us on 3rd October 2019.