14 years on: Police told to complete probe in stolen Nalain Pak case

Judge feels investigation officers neither submitted a challan under Section 173 of the CrPC at any court

LAHORE: An additional district and sessions judge directed Investigation Officers (IOs) and the Tbbi City SHO to conclude the investigation of a case registered 14 years ago against the theft of the Nalain Pak of Hazrat Muhammad (PBUH). It asked the authorities to submit their complete report under Section 173 of Cr.P.C as soon as possible.

Police, submitting its progress report, claimed a lot of progress has been made and different committees were formed under senior officials. He said the investigation had been carried out from all angles, but they remained clueless in the case.

The judge passed this order on a petition seeking a case against 94 respondents, including around 40 police officials, for failing to recover the Nalain Pak which was stolen in 2002.

He further mentioned in his order that it be recorded that the police has acknowledged its failure to crack the case despite its best efforts.

The law is very much settled on the fact that an ex-officio justice of peace cannot interfere in the domain of an investigation agency. However, he may issue orders to tackle neglect or failure in a police authority’s functions and duties.

Hence, in view of the petitioner’s contention, investigators of case and the SHO concerned were directed to conclude the investigation at the earliest and submit a complete report under Section 173 of the CrPC.

Petitioners Pir Saleem Abbas Jafri and Muhammad Khalid Mehmood submitted in their petition that the Nalain Pak was stolen in connivance with the respondents, including its caretakers of the time, on July 31, 2002. However, it had not been recovered to this day.

They said the investigation officers neither submitted a challan under Section 173 of the CrPC at any court, nor did they conduct a substantial investigation into the matter. The petitioners also requested the court to hold an impartial inquiry into the matter and order senior police officials to take strict action against the respondents.

In his progress report, the SHO submitted that more than 40 officials of the Badshahi Mosque and others were interrogated by the CIA during the course of the investigation.

He said they found that Muhafiz Hafeezur Rehman and Khadim Jan Muhammad, both caretakers, were negligent in their duties. The report further stated the newspapers published news items saying that the Nalain Pak was not brought back to Pakistan after being shown at an exhibition in Brunei.  However, when they investigated, authorities found that the item had been placed at the Badshahi Mosque under Rangers security.

After that, the then governor’s formed a committee constituted of Ulema Ikram such as Mufti Sarfraz Naeemi and others, while the investigation continued to recover the Nalain Pak.

On March 5,2014, Rangers Deputy Superintendent Muhammad Sarwar, Lance Naik Noshad Khan and others were interrogated and they said the Nalain Pak was taken to Brunei under the supervision of Captain Jawad Cheema in 2001.

When the Pakistani delegation returned in September of the same year, they boarded a Ranger’s truck and went to Wagah boarder, adding that the Nalain Pak was neither brought nor placed at the Badshahi Mosque under their supervision.

Pir SA Jafri and others who were interrogated alleged it was sold to the Brunei state.

Published in The Express Tribune, January 5^th, 2017.