IN THE HIGH COURT OF SINDH, BENCH
C. P. No. D – 891 of 2019
Mr. Justice Naimatullah Phulpoto
Mr. Justice Abdul Mobeen Lakho
Date of hearing : 03.10.2019.
Date of announcement : 24.10.2019.
Mr. Ghulam Shabbir
Dayo, Advocate for petitioner.
Mr. Qurban Ali
Malano, Advocate for respondent No.4.
Mr. Zulfiqar Ali
Jatoi, Additional Prosecutor General.
Mr. Shahryar Imdad
Awan, Assistant Advocate General Sindh along with DSP Legal Fida Hussain, SIP
Nasrullah on behalf of SSP Khairpur, ASI Dhani Bakhsh on behalf of SSP Sukkur
and ASI Zulfiqar Ali Ujjan on behalf of SSP Naushahro Feroze.
O R D E R
NAIMATULLAH PHULPOTO, J. – By this Constitutional Petition under
Article 199 of the Constitution of Islamic Republic of Pakistan, 1973,
petitioner Ajeeb Ali son of Muhammad Hassan Lakho has prayed for transfer of
investigation of Crime Nos.47/2019 of P.S Gambat, 93/2019 of P.S Kandiaro,
51/2019 of P.S Gambat and 52/2019 of P.S Sobhodero.
issuance of the notices to the respondents, comments have been filed.
Ghulam Shabbir Dayo, counsel for petitioner contended that FIRs have been
registered against the petitioner by the police for the mala fide reasons. It
is further contended that police has failed to conduct fair investigation of
FIRs. Lastly, it is submitted that despite orders of this Court dated 04.07.2019,
police has registered FIRs against the petitioner and he prayed for transfer of
the investigation of the aforesaid crimes to any honest police officer. In
support of the contentions, he has relied upon the case reported as Raja
Khurshid Ahmed v. Muhammad Bilal and others (2014 SCMR 474).
Zulfiqar Ali Jatoi, Additional Prosecutor General as well as Mr. Qurban
Ali Malano, counsel appearing on behalf of respondent No.4, argued that after
usual investigation final reports / challans have been submitted in the aforesaid
FIRs and presently cases are pending before competent Courts of law, and it is further
argued that prayer made by the petitioner in the petition for transfer of
investigation has become infructuous. In support of the contentions, Mr. Malano
has relied upon the case of Rao Muhammad Shakir through Attorney v.
Province of Sindh through Secretary, Government of Sindh and 6 others (PLD 2015 Sindh 213).
have carefully heard the leaned counsel for the parties and perused the
6. Learned Additional Prosecutor General has pointed out that after
usual investigation, challans / final reports in Crime Nos.47/2019 of P.S Gambat, 93/2019 of P.S
Kandiaro, 51/2019 of P.S Gambat and 52/2019 of P.S Sobhodero have already been submitted before the competent Courts of law.
This petition was filed for transfer of investigation of the above FIRs, now
that stage is over. Concerned Courts have already taken cognizance of offences.
This Court in the case of Rao
Muhammad Shakir through Attorney v. Province of Sindh through Secretary,
Government of Sindh and 6 others (PLD 2015 Sindh 213), has already held that High Court in
exercise of the constitutional jurisdiction under Article 199 of the
Constitution of Islamic Republic of Pakistan, 1973, cannot direct the police to
change the course of investigation. In the case of Wali Muhammad v.
Haq Nawaz (PLD 1971
Supreme Court 717), it is also held
that during the course of investigation, police has complete domain over the
case in a cognizable offence and even High Court has no power to interfere in
such investigation. The superior Courts of the country never approved transfer
of the investigation without clear mala fide and always deprecated the same.
Reliance is placed upon the case of Muhammad Bashir v. Station House
Officer, Okara Cantt. and others (PLD 2007 Supreme Court 539).
7. In our considered
view, as the cases are pending before the competent Courts of law, better
course for the petitioner would be to approach the trial Courts for seeking any
relief. The Trial Courts are directed to decide the cases expeditiously strictly
in accordance with law.
8. The petition
is without merit and the same is dismissed. Before parting with this
order, it is observed that Mr. Ghulam Shabbir Dayo, counsel for petitioner
filed contempt application during the course of arguments. Additional P.G and
AAG claimed copy. Mr. Dayo is directed to supply them copy, contempt
application to fixed after three (03) weeks.
J U D G
J U D G