QAISER IQBAL vs THE INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and 3
This constitutional petition challenged the repeated transfer of investigation in a criminal case involving an occurrence from 1998. The core legal question concerned the legality of the Inspector-General of Police's order for a fifth reinvestigation, given that four previous investigations had already occurred, all at the behest of the accused, and an incomplete challan had been submitted to the trial court. The Court held that the order for the transfer of investigation lacked sufficient justification and noted that successive transfers of investigation have been consistently deprecated by both the High Court and the Supreme Court of Pakistan. Emphasizing that the trial had been delayed for over two years, the Court quashed the Inspector-General's order dated 9-8-1999. The key principle laid down is that the police authorities cannot arbitrarily or repeatedly transfer investigations, especially when such actions cause undue delay in the commencement of trial. The Court directed the Investigating Officer to submit the challan to the trial court within two weeks and ordered the trial court to conclude the case within three months.
- Can the Inspector-General of Police order the transfer of an investigation without providing sufficient reasons?
- Is the successive transfer of investigation by police authorities permissible under the law?
- What is the remedy when repeated police investigations cause undue delay in the commencement of a criminal trial?
ORDER
' Report has been received from respondents Nos.3 and 4. Learned counsel for Sh. Muhammad Akram respondent submits that in fact I.-G., Punjab had transferred the investigation in this case on 9-9-2000 because new facts have come on record to prove that Sh. Muhammad Akram and his son are innocent in this case. He submits that there is no other remedy available to said Sh.
Muhammad Akram and his son but to get the investigation again transferred.
2. Learned A.A.-G. Also supports learned counsel for Sh. Muhammad Akram and his son.
3. On the other hand, learned counsel for the petitioner submits that already four investigations have taken place in this case, that matter relates to year 1998, incomplete challan has already been submitted in the trial Court and the case is being delayed.
4. I have heard learned counsel for the parties and have also gone through the detailed orders passed by my Lord Rashid Aziz Khan, J. (the then Chief Justice) on 12-11-1999 and 25-1-2000. In the instant case, occurrence took place on 18-7-1998. All four investigations took place on the request of the accused persons. On 15-1-1999 I.-G., Punjab had refused for the 5th investigation but on 9-8- 1999 he had ordered the reinvestigation of this case by S.P. Of Crime Branch, Punjab. I have gone through the order of I.-G., Punjab, dated 9-8-1999 no sufficient reasons have been given therein for the transfer of investigation. Successive transfer of investigation has been deprecated by this Court and Honourable Supreme Court of Pakistan. Already more than two years have passed but the trial of the case has not commenced so far. In this view of the matter, this petition is accepted, the order of Inspector-General of Police, Punjab, dated 9-8-1999 for the transfer of investigation is hereby quashed. The concerned Investigating Officer is directed to submit the challan before the learned trial Court within two weeks and the learned trial Court is directed to decide the case within three months after receiving the order of this Court. With these observations, this petition stands disposed of.