| Case ID |
2b67221f-d639-4c7d-9f83-035f19c4d68a |
| Body |
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| Case Number |
Writ Petition No. 64405 of 2021 |
| Decision Date |
Dec 14, 2021 |
| Hearing Date |
Nov 23, 2021 |
| Decision |
The court addressed the issue of investigation transfer under the Police Order, 2002, particularly Article 18-A. It emphasized the importance of a fair trial and the thoroughness of investigations. The ruling highlighted that the Investigating Officer must collect all relevant facts, irrespective of whether they favor the prosecution or defense, to ensure justice. The court ruled that if significant new evidence emerges post-challan submission, further investigation is warranted to avoid sealing human error. The order by the DIG regarding the transfer of investigation was criticized for lacking valid reasons and was remanded for a fresh decision. This case underlines the essential balance between the statutory roles of police and judiciary in upholding justice. |
| Summary |
The case revolves around the transfer of investigation as per the Police Order (22 of 2002), specifically Article 18-A, which stipulates the need for a fair trial and thorough investigation. The Lahore High Court emphasized the duty of the Investigating Officer to gather all pertinent information, regardless of its potential impact on the outcome of the case. It was determined that if new, crucial evidence arises after the submission of the challan, it necessitates further investigation to ensure justice is served. The court's decision criticized the DIG's order for the lack of substantiated reasoning, reinforcing the judicial oversight on police actions. This case is significant for legal practitioners focusing on criminal law, police procedure, and the rights of the accused, and highlights the judiciary's role in ensuring that investigations are conducted fairly and comprehensively. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FAROOQ HAIDER, J
|
| Lawyers |
Not available
|
| Petitioners |
Mrs. SAIRA FATIMA SADOZAI
|
| Respondents |
D.I.G. INVESTIGATION and others
|
| Citations |
2023 SLD 495,
2023 PCRLJ 427
|
| Other Citations |
Muhammad Akbar v. The State and another 1972 SCMR 335,
Aftab Ahmad v. Hassan Arshad and 10 others PLD 1987 SC 13,
Muhammad Yousaf v. The State and others 2000 SCMR 453,
Muhammad Ashfaq v. Amir Zaman and others 2004 SCMR 1924,
Raja Khurshid Ahmed v. Muhammad Bilal and others 2014 SCMR 474,
Atta Muhammad v. Inspector General of Police, West Pakistan, Lahore and others PLD 1965 (W.P.) Lah. 734,
Alam Din v. The State PLD 1973 Lah. 304,
Aswad Iqbal v. R.P.O. and others PLD 2020 Lah. 434
|
| Laws Involved |
Police Order (22 of 2002),
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
18-A,
4(1)(f),
551,
10-A
|