ABDUL SHAKOOR and another vs THE STATE
This matter arises from a criminal petition filed before the Supreme Court of Pakistan against observations made by a High Court Judge in a criminal petition. The High Court, while dealing with a matter involving the alleged mala fide arrest of a detenu, had directed the Senior Superintendent of Police (Operation) to transfer the petitioners to the Police Line for at least six months, conduct an inquiry, and submit a report. The core legal question concerned whether such observations and directions would prejudice the independent conduct of the police inquiry on merits. The Supreme Court held that the apprehension was misconceived, clarifying that the inquiry officer must conduct the inquiry independently without treating the High Court's observations as a conclusive finding, and may recommend the withdrawal of the Police Line order if the petitioners are found not involved. The petition was accordingly disposed of with these clarifying observations.
- Whether observations made by a High Court Judge regarding the mala fide nature of an arrest prejudice an independent police inquiry?
- Can an inquiry officer recommend the withdrawal of a Police Line transfer order if the petitioners are found not involved in the matter?
- Section 491, Pakistan Penal Code 1860
- Section 55, Code of Criminal Procedure 1898
; MUNIR A. SHEIKH, J.---While dealing with criminal petition under section 491, P.P.C., the learned Judge of the High Court, prima facie found that the report of arrest of detenu under section 55, Cr.P.C. Appeared to be mala fide, therefore, S.S.P., Operation, has been directed to transfer both the petitioners to Police Line and conduct an inquiry and submit a report to the Court. It has also been observed that at least for six months, the petitioners should remain in Police Line.
2. Learned counsel for the petitioners submitted that the observation by the learned Judge in Chamber of the High Court may not prejudice the inquiry on merits because the police officer who has to conduct the inquiry may not take it as a finding of the Court.
3. The apprehension is misconceived. The police officer who has to conduct inquiry shall conduct the same independently and submit his report to the learned Judge. In case, the said officer finds that the petitioners were not involved in the matter, he may also make recommendation that the order for keeping them in Police Line may be withdrawn.
4. With these observations, this petition stands disposed of.