PLJ 2001 Lahore 560
Present: muhammad asif jan, J. ALI MUHAMMAD-Petitioner
versus I.G. OF POLICE, PUNJAB, LAHORE and another-Respondents
W.P. No. 23438/2000, decided on 1.3.2001. (i) Constitution of Pakistan, 1973-
—Art. 199--An essential ingredient for assumption of jurisdiction under Article 199 of Constitution of Pakistan, 1973, is that High Court must be satisfied that there is no other adequate remedy provided by law-This is sine-qua-non-ln absence of this essential ingredient, High Court does not assume muchless exercise its extraordinary discretionary constitutional jurisdiction to issue writs in nature of a direction; declaration and habeas corpus or quo-warranto. [P. 563] A
(ii) Constitution of Pakistan, 1973-
—Art. 199—Transfer of case—Petition for—If a citizen is not satisfied with method or manner in which an investigation is being carried out by a police officer an immediate and adequate remedy is available by making a representation to next higher police officer-Police are a statutory organization set up under Police Act and Rules having its own hierarchyto look after its own affairs including matters pertaining to law and order and investigation into commission of offences which must culminate in final report of Investigating Officer to be submitted to a Competent Court for trial without inordinate delay-Interference in this process by Courts would be like throwing a hammer in spokes of wheel and dragging whole precess to a grinding heart which is not intention of Constitution and
law-Petition dismissed in limine. [P. 563] B
AIR 1945 P.C. 18; PLD 1965 SC 287; PLD 1971 SC 677 and PLD 1993 SC 399 ref.
Mr. Muhammad Asam Cheema, Advocate, for Petitioner. Date of hearing: 1.3.2001.
order
Through this Constitutional petition, transfer of an investigation being conducted by one Police Officer is sought to another Police Officer.
2. The Code of Criminal Procedure of 1898, in Part-V, relating to information to the police and their powers to investigate in Chapter XTV lays down in Section 154 :
"154. Information in cognizable coses.--Every information relating to the commission of a cognizable offence if given orally to an officer in charge of a police station, shall be reduced to under his direction and be read over to the inferrr-ai information, whether given in writing or redn aforesaid, shall be signed by the person giving it, thereof shall be entered in a book to be kep form as the Provincial Government may prescn Section 156 provides that :-•
"Investigation into cognizable cases.--Any officer in charge of a Police Station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power if> .-•rvanSre mtr? or try under the provisions of Chapter XV relating ••..••< the place of inquiry or trial."
(2) No proceeding of a Police Officer ie arv stage be called in question on the ground tb.'t which suck officer was ot empowered un investigate
(3) Any Magistrate empowered under Section 190 mayars investigation as above mentioned.
(4) Notwithstanding anything contained in Sd> (3) no Police Officer shall investigate an offence under Sectioi Section 498 of the Pakistan Penal Code, except upon a complaint made by the husband of the woman, or, in his absence by some person who had the case of such woman on his behalf at the time when such offence was committed".
Section 173 provides that :--
"Report of Police Officer (1) Every investigation under this Chapter shall be completed without unnecessary delay, and, as soon as it is completed, the officer in charge of the Police Station shall through the Public Prosecutor ;--
(a) forward to a Magistrate empowered to take cognizance of the offence on a police report a report in the form prescribed by the Provincial Government, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case, and stating whether the accused (if arrested) has been forwarded ia custody or has been released on his bond, and, if so, whether with or without sureties, and
(b) Communicate, in such manner as may be prescribed by the Provincial Government, the action taken by Mm to the person, if any, by whom the information relating to the commission of the offence was first given. Provided that, where investigation is not completed within & period of fourteen days from the date of recording of the first information report under Section 154, the officer incharge of the police station shall, within three days of the expiration of such period, forward to the Magistrate through the Public Prosecutor, an interim report in the form prescribed by the Provincial Government stating therein the result of the investigation made until then and the Court shall commence the trial on the basis of such interim report, unless for reasons to be recorded, the Court decides that the trial should not so commence.
(2) Where a superior officer of police has been appointed under Section 158, the report shall, in any case in which the rovincial Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the agistrate, direct the officer incharge of the police station to make further investigation.
(3) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.
(4) A copy of any report forwarded under this section shall, on application, be furnished to the accused before the commencement of the inquiry or trial. Provided that the same shall be paid for unless the Magistrate for some special reason thinks fit to furnish it free of cost.
(5) Where the officer incharge of a police station forwards a report under Sub-section (1), he shall alongwith the report produce the witnesses in the case, except the public servants, and the Magistrate shall bind such witnesses for appearance before him or some other Court on the date fixed for trial".
3. Since almost a century, the mechanism and methodology for carrying out an investigation by the police has been clearly laid down with great detail. It is for this reason that the superior Courts have been holding time and again that investigation regarding the commission of offences in both the duty as well as the prerogative of the police and is a matter which is not within the domain of the Courts.
4. It is settled law since 1945 that the police are under a statutory duty under Section 154 of the Code of Criminal Procedure and have a statutory right under Section 156 of the Code of Criminal Procedure to investigate a cognizable offence whenever a report is made to it disclosing the commission of a cognizable offence. To quash the police investigation oc the ground that the case is false would be to act on treacherous grounds and would tantamount to an uncalled for interference by the Court with the duties of the police. Just as it is essential liiat everyone hu should have free access to a Court of justice so that h» r.uy ' if found not guilty of the offence with which he is tlii-gr tutmost importance that judiciary should not within
which the law imposes upon them the duty of enquiiy judiciary and the police are complementary lot cv comhination of individual liberty with a due observant only to be obtained by leaving each to exercise Its 1. tvjLU functions begin when a charge is preferred before if
The observation and the ratio deadiridi Privy Council made in tie case of "Emperor v. Kh 1945 P.C. 18) has been consistently approved asd Courts of Pakistan.
5. In the case of "M.S. AT his Lordship Mr, Justice A.K, Cornelius, f t was pleased to observe that the investigation r
the Court. It was agaiu ;iiii;i by his Lot the then Chief Justi-.* of Pakistan m Ji Honourable Judges of tne High L u"t of
another" (PLD 1971 S.C. 677), that there is investigation.
The same view has been expressed my Lord Mr. Jiisfic^ ->» > ji' * Shah, the then Chief Justice of Pakistan in the case of "Badaruddiii i", Additional Sessions Judge ofJhang" reported in (PLD 1993 S.C, 399).
6. An essential ingredient for the assumption of jurisdiction under Article 199 of the Constitution of the Islamic Republic of akistan of 1973, is that this Court must be satisfied that there is no other adequate remedy provided by law. This is the sine-qua-non. In the absence of this essential A ingredient, the High Court does not assume muchless exercise its extraordinary discretionary Constitutional jurisdiction to issue writs i» t', nature of a direction; declaration and habeas corpus or quo-warrant
7. If a citizen is not satisfied with the method or manner in v investigation is being carried out by a police officer an immeJuie m adequate remedy is available by making a representation to the next h t, police officer. The police are a statutory organization set-up under tut T Act and Rules having its own hierarchy to look after its own affairs irirl un, matters pertaining to law and order and investigation into the comrais -u f offences which must culminate in the final report of the Investigating to be submitted to a Competent Court for trial without inordiniU1 i't Interference in this process by the Courts would be like throwing a in the spokes of the wheel and dragging the whole precess to ; 41 heart which is not the intention of the Constitution and the law
There is no merit in this petition, which is dismissed in limine.
(T.A.F.) Petition dismissed.
Present: muhammad asif jan, J. ALI MUHAMMAD-Petitioner
versus I.G. OF POLICE, PUNJAB, LAHORE and another-Respondents
W.P. No. 23438/2000, decided on 1.3.2001. (i) Constitution of Pakistan, 1973-
—Art. 199--An essential ingredient for assumption of jurisdiction under Article 199 of Constitution of Pakistan, 1973, is that High Court must be satisfied that there is no other adequate remedy provided by law-This is sine-qua-non-ln absence of this essential ingredient, High Court does not assume muchless exercise its extraordinary discretionary constitutional jurisdiction to issue writs in nature of a direction; declaration and habeas corpus or quo-warranto. [P. 563] A
(ii) Constitution of Pakistan, 1973-
—Art. 199—Transfer of case—Petition for—If a citizen is not satisfied with method or manner in which an investigation is being carried out by a police officer an immediate and adequate remedy is available by making a representation to next higher police officer-Police are a statutory organization set up under Police Act and Rules having its own hierarchyto look after its own affairs including matters pertaining to law and order and investigation into commission of offences which must culminate in final report of Investigating Officer to be submitted to a Competent Court for trial without inordinate delay-Interference in this process by Courts would be like throwing a hammer in spokes of wheel and dragging whole precess to a grinding heart which is not intention of Constitution and
law-Petition dismissed in limine. [P. 563] B
AIR 1945 P.C. 18; PLD 1965 SC 287; PLD 1971 SC 677 and PLD 1993 SC 399 ref.
Mr. Muhammad Asam Cheema, Advocate, for Petitioner. Date of hearing: 1.3.2001.
order
Through this Constitutional petition, transfer of an investigation being conducted by one Police Officer is sought to another Police Officer.
2. The Code of Criminal Procedure of 1898, in Part-V, relating to information to the police and their powers to investigate in Chapter XTV lays down in Section 154 :
"154. Information in cognizable coses.--Every information relating to the commission of a cognizable offence if given orally to an officer in charge of a police station, shall be reduced to under his direction and be read over to the inferrr-ai information, whether given in writing or redn aforesaid, shall be signed by the person giving it, thereof shall be entered in a book to be kep form as the Provincial Government may prescn Section 156 provides that :-•
"Investigation into cognizable cases.--Any officer in charge of a Police Station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power if> .-•rvanSre mtr? or try under the provisions of Chapter XV relating ••..••< the place of inquiry or trial."
(2) No proceeding of a Police Officer ie arv stage be called in question on the ground tb.'t which suck officer was ot empowered un investigate
(3) Any Magistrate empowered under Section 190 mayars investigation as above mentioned.
(4) Notwithstanding anything contained in Sd> (3) no Police Officer shall investigate an offence under Sectioi Section 498 of the Pakistan Penal Code, except upon a complaint made by the husband of the woman, or, in his absence by some person who had the case of such woman on his behalf at the time when such offence was committed".
Section 173 provides that :--
"Report of Police Officer (1) Every investigation under this Chapter shall be completed without unnecessary delay, and, as soon as it is completed, the officer in charge of the Police Station shall through the Public Prosecutor ;--
(a) forward to a Magistrate empowered to take cognizance of the offence on a police report a report in the form prescribed by the Provincial Government, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case, and stating whether the accused (if arrested) has been forwarded ia custody or has been released on his bond, and, if so, whether with or without sureties, and
(b) Communicate, in such manner as may be prescribed by the Provincial Government, the action taken by Mm to the person, if any, by whom the information relating to the commission of the offence was first given. Provided that, where investigation is not completed within & period of fourteen days from the date of recording of the first information report under Section 154, the officer incharge of the police station shall, within three days of the expiration of such period, forward to the Magistrate through the Public Prosecutor, an interim report in the form prescribed by the Provincial Government stating therein the result of the investigation made until then and the Court shall commence the trial on the basis of such interim report, unless for reasons to be recorded, the Court decides that the trial should not so commence.
(2) Where a superior officer of police has been appointed under Section 158, the report shall, in any case in which the rovincial Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the agistrate, direct the officer incharge of the police station to make further investigation.
(3) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.
(4) A copy of any report forwarded under this section shall, on application, be furnished to the accused before the commencement of the inquiry or trial. Provided that the same shall be paid for unless the Magistrate for some special reason thinks fit to furnish it free of cost.
(5) Where the officer incharge of a police station forwards a report under Sub-section (1), he shall alongwith the report produce the witnesses in the case, except the public servants, and the Magistrate shall bind such witnesses for appearance before him or some other Court on the date fixed for trial".
3. Since almost a century, the mechanism and methodology for carrying out an investigation by the police has been clearly laid down with great detail. It is for this reason that the superior Courts have been holding time and again that investigation regarding the commission of offences in both the duty as well as the prerogative of the police and is a matter which is not within the domain of the Courts.
4. It is settled law since 1945 that the police are under a statutory duty under Section 154 of the Code of Criminal Procedure and have a statutory right under Section 156 of the Code of Criminal Procedure to investigate a cognizable offence whenever a report is made to it disclosing the commission of a cognizable offence. To quash the police investigation oc the ground that the case is false would be to act on treacherous grounds and would tantamount to an uncalled for interference by the Court with the duties of the police. Just as it is essential liiat everyone hu should have free access to a Court of justice so that h» r.uy ' if found not guilty of the offence with which he is tlii-gr tutmost importance that judiciary should not within
which the law imposes upon them the duty of enquiiy judiciary and the police are complementary lot cv comhination of individual liberty with a due observant only to be obtained by leaving each to exercise Its 1. tvjLU functions begin when a charge is preferred before if
The observation and the ratio deadiridi Privy Council made in tie case of "Emperor v. Kh 1945 P.C. 18) has been consistently approved asd Courts of Pakistan.
5. In the case of "M.S. AT his Lordship Mr, Justice A.K, Cornelius, f t was pleased to observe that the investigation r
the Court. It was agaiu ;iiii;i by his Lot the then Chief Justi-.* of Pakistan m Ji Honourable Judges of tne High L u"t of
another" (PLD 1971 S.C. 677), that there is investigation.
The same view has been expressed my Lord Mr. Jiisfic^ ->» > ji' * Shah, the then Chief Justice of Pakistan in the case of "Badaruddiii i", Additional Sessions Judge ofJhang" reported in (PLD 1993 S.C, 399).
6. An essential ingredient for the assumption of jurisdiction under Article 199 of the Constitution of the Islamic Republic of akistan of 1973, is that this Court must be satisfied that there is no other adequate remedy provided by law. This is the sine-qua-non. In the absence of this essential A ingredient, the High Court does not assume muchless exercise its extraordinary discretionary Constitutional jurisdiction to issue writs i» t', nature of a direction; declaration and habeas corpus or quo-warrant
7. If a citizen is not satisfied with the method or manner in v investigation is being carried out by a police officer an immeJuie m adequate remedy is available by making a representation to the next h t, police officer. The police are a statutory organization set-up under tut T Act and Rules having its own hierarchy to look after its own affairs irirl un, matters pertaining to law and order and investigation into the comrais -u f offences which must culminate in the final report of the Investigating to be submitted to a Competent Court for trial without inordiniU1 i't Interference in this process by the Courts would be like throwing a in the spokes of the wheel and dragging the whole precess to ; 41 heart which is not the intention of the Constitution and the law
There is no merit in this petition, which is dismissed in limine.
(T.A.F.) Petition dismissed.
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