'No probe after cancellation report'

LHC says investigation ends once magistrate approves cancellation report

LAHORE:

The Lahore High Court (LHC) has ruled that no further investigation shall be conducted by an investigating agency after the cancellation report prepared by an IO is approved by a magistrate—until and unless the magisterial order is set aside by another court of law.

In a verdict, written by Justice Ali Zia Bajwa of the LHC Multan Bench observed that illegalities committed by an investigating agency not only undermine the sanctity of due process but also lead to a complete miscarriage of justice, culminating in the unlawful detention of a citizen.

He set five guidelines for deciding whether any further investigation can lawfully be carried out after a magistrate's approval of a cancellation report filed by an IO.

He noted that as soon as the cancellation report prepared by an investigating agency is concurred with by the concerned magistrate, this fact must be promptly entered into the relevant police register. The IO should likewise record this development in the case file, duly noting it in the police diary.

Before ordering the transfer of an investigation, the relevant board, as envisioned under Article 18-A of the Police Order, 2002, must meticulously examine the entire record to ascertain whether the criminal case remains legally in existence and has not been cancelled or quashed.

When the investigation of a criminal case is transferred, it shall be conducted exclusively by the entrusted officer and shall not revert to the previous IO under any circumstances. The magistrates handling remand or pretrial matters must exercise strict vigilance and closely examine the record, lest their orders inadvertently legitimize an illegality.

The case

Petitioner Muhammad Sarfraz had sought pre-arrest bail in an FIR registered against him under Section 392 of the Pakistan Penal Code at Police Station Basti Malook in Multan.

The petitioner's counsel argued that despite the criminal case having been cancelled by the order of the concerned magistrate in light of the cancellation report prepared by the IO, the police remain resolute in their attempt to arrest the petitioner.

The police, rather than challenging the magisterial order, filed an application before the District Standing Board under Article 18-A of the Police Order, 2002, seeking the first change of investigation.

The board declined the request, deeming it inappropriate to transfer the investigation. Subsequently, an application was submitted to the Regional Standing Board seeking a transfer of investigation.

As a result, on March 6, 2024, the case was handed over to the Regional Investigation Branch for further investigation, blatantly disregarding the fact that the cancellation report had already been endorsed by the magistrate and that no criminal case was legally in the field at the time.

The record further reveals that after the Regional Standing Board transferred the investigation to the Regional Investigation Branch, it was subsequently reverted to the local police station.