LAHORE, Dec 7: Whether the inspector-general of police was competent to transfer the investigation of a case under the Police Order, 2002, was the legal question raised through a writ petition seeking IG's order to be declared illegal.
Justice Fazle Miran Chauhan of the Lahore High Court on Tuesday called for a report and parawise comments within a week on the petition which is now fixed for hearing in the coming week.
The petition was filed by Sheikhupura DSP Headquarters Shahid Razzaq, who challenged the IG's order of transferring an investigation against him on a murder charge alleged through an FIR got registered by Mazhar Jameel whose son, Tabassum Javed, was killed in August this year.
The DSP also got a counter FIR registered against the complainant party contending that Javed was killed during a shootout between a mob and police, and that he was in no way involved in his murder. The case was being probed by the Sheikhupura Headquarters police when the IG transferred the investigation to the Punjab investigation branch on Aug 25.
The DSP contended in his petition that the IG was not competent to transfer the first investigation under Section 16(6) of the Police Order under which the transfer was effected on the recommendation of a board, comprising a senior SP and two SPs. He submitted that the IG was authorized to order transfer of the second investigation and not the first.
