ORDER SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constitution Petition No.D-24 of
2023
|
Date |
Order with signature of Judge |
Before;
Mr.
Justice Zafar Ahmed Rajput
Mr. Justice Irshad Ali Shah
08-02-2023.
Mr. Ubedullah
Ghoto, Advocate for the petitioners.
Mr.
Shabbir Ali Bozdar, Advocate for respondents Nos. 8 & 9.
Mr.
Shafi Muhammad Mahar, Deputy Prosecutor General
.-.-.-. -.-.-.-.-.-.-.-.-
IRSHAD ALI SHAH-J; The
facts in brief necessary for disposal of instant petition are that an FIR Crime
No. 160/2021 u/s 302, 324, 353, 34 PPC r/w Section 7 of ATA, was lodged with PS
Ubauro on behalf of the State by ASI Altaf Hussain with regard to death of PC
Sultan Ahmed at the hands of unknown culprits. A report for disposal of such
FIR under “A” class was submitted by the police, on such report learned Judge,
ATC Court Ghotki at Mirpur Mathelo, vide order dated 29-9-2022 directed SSP
Ghotki for assigning investigation of such FIR to a police officer not below
the rank of DSP. In compliance of such order, SSP Ghotki vide order dated 04-10-2022 assigned the investigation of
the case to DSP Hafiz Abdul Qadir Chachar, who after due investigation
submitted interim and final challan(s) of the case before learned Judge, ATC
Court Ghotki at Mirpur Mathelo involving accused Nazeer Ahmed (in custody),
Imtiaz Hussain (absconder), Shoukat Hussain (absconder) and Fayaz Hussain
(absconder). Subsequently on application of Hazoor Bux, who is claiming to be
father of accused Nazeer Ahmed, DIG Sukkur vide order dated 23-12-2022 directed
DSP Ghulam Ali Jumani to conduct further/fresh investigation of the said case.
It is in these circumstances, the petitioners claiming to be witnesses of the
said case, have filed the instant petition before this Court with a prayer that
change of investigation by DIG Sukkur through DSP Ghulam Ali Jumani to be
declared illegal and unlawful.
2. It is contended by learned counsel for
the petitioners that after cognizance, the learned trial Court has also framed
the charge against accused Nazeer Ahmed, the case is scheduled for recording
evidence of the witnesses, therefore, further/fresh
investigation of the case by DSP Ghulam Ali Jumani would defeat the trial. By
contending so, he prayed that order of DIG Sukkur with action taken thereon, if
any, change of investigation of the case to be declared illegal. In support of
his contention, he relied upon case of Qari
Muhammad Rafique Vs Additional Inspector General of Police (Investigation)
Punjab & others (2014 SCMR 1499).
3. Learned DPG for the State was fair
enough to say that after framing of charge, DIG Sukkur was having no authority
to have ordered fresh/further investigation of the case. However, learned
counsel for the private respondents by supporting the order of DIG Sukkur for
change of investigation has sought for dismissal of instant petition by
contending that the further/fresh investigation of the case would cause no harm
to either of the party. In support of his contention he relied upon the case of
Bahadur Khan Vs.
Muhammad Azam & others (2006 SCMR 373).
4. Heard arguments and perused the record.
5. Apparently, on the basis of
investigation conducted by DSP Hafiz Abdul Qadir Chachar, the cognizance of the
offence has been taken, the order whereby such cognizance has been taken by learned
Judge ATC Court Ghotki at Mirpur Matehlo has not been impugned by either of the
party. After such cognizance of the case, accused Nazeer Ahmed has been charged
for the said offence, which he has denied and case now is scheduled for
recording evidence of the witnesses. The framing of the charge by the Court is a
judicial function, which too has not been impugned by anyone. In these
circumstances, the reversing the entire proceedings to its beginning under
pretext of further/fresh investigation under the orders of DIG Sukkur would be
unjustified.
6. In case of Bahadur Khan, which is relied upon by learned counsel for the
private respondents, it has also been observed by Hon’ble Apex Court that
system of reinvestigation is recent innovation which is always taken up at the
instance of influential people for obtaining favorable report, which in no way
assist the Court in coming to a correct conclusion rather create more
complication in way of administration of justice.
7. In view of the facts and reasons
discussed above, the order of DIG Sukkur for further/fresh investigation of
case through DSP Ghulam Ali Jumani together with the action taken thereon, if
any, is declared to be unjustified, illegal and unlawful.
8. The instant petition is disposed of
accordingly along with pending applications, if any.
J U D G E
J U D G E
Nasim /PA