Ch. SHAH MUHAMMAD, INSPECTOR C.IA. and anothers vs RAMZAN BIBI and others
This matter originated as a petition for leave to appeal before the Supreme Court of Pakistan, challenging an order passed by the Lahore High Court in its constitutional jurisdiction. The core legal question presented for the Court's consideration was whether the High Court, while exercising its constitutional powers, possessed the legal competence to direct the transfer of the investigation of a criminal case from one specific investigating officer to another designated police officer. The petitioners contended that such an order constituted an impermissible interference in the investigative process, which is primarily the domain of the police under the relevant criminal procedure laws. The Supreme Court granted leave to appeal to examine this issue, noting the necessity to determine if the High Court's directive conflicted with established legal precedents regarding the separation of powers and the scope of judicial intervention in police investigations. The Court specifically sought to reconcile the High Court's action with the principles laid down in landmark judgments regarding the autonomy of the investigative machinery and the limitations of constitutional jurisdiction in criminal matters.
- Is the High Court competent to transfer the investigation of a criminal case from one investigating officer to another in the exercise of its constitutional jurisdiction?
- Does a judicial order directing the transfer of a criminal investigation to a specific police officer constitute an impermissible interference in the investigative process?
ORDER
1. MANZOOR HUSSAIN SIAL, J.---After hearing learned counsel for petitioners as well as the learned Additional Advocate-General, we grant leave to appeal in this case to consider, inter alia, whether the Lahore High Court in exercise of the Constitutional jurisdiction was competent to transfer investigation of a criminal case from one investigating officer to another particular police officer thereby interfering in the investigation of the case, contrary to law laid down by this Court in Emperor v. Khawaja Nazir Ahmad (AIR 1945 PC 18), Shahnaz Begum v. The Hon'ble Judges of the High Court of Sindh and Balochistan (PLD 1971 SC 677) and Malik Ghulam Ahmad v. Haji Muhammad Yousaf and others (PLD 1976 SC 271).
2. ' On identical question, leave to appeal has also been granted by this Court on 16-3-1994, in Civil Petition for Leave to Appeal No,229-L/1994. This petition to be heard alongwith the same.