The Lahore High Court (LHC) has restrained judicial officers of district courts from issuing directions beyond their lawful jurisdiction, ruling that they must not interfere in police investigations unless there is clear evidence of mala fide, misconduct, or deliberate inaction.
Justice Ch Sultan Mahmood issued the ruling while hearing a petition filed by Amir Khan, a police official.
The petitioner's counsel argued that two earlier investigations had already exonerated the accused, and the abductee could not be traced despite bona fide efforts. However, the Ex-Officio Justice of Peace, without giving the petitioner a hearing, had directed registration of an FIR under Sections 155(c) and (d) of the Police Order, 2002.
Setting aside the order, Justice Mahmood observed that the directive amounted to unlawful interference in the investigative process, as prior inquiries had already cleared the accused.
He further held that such action violated Article 10-A of the Constitution and the principles of natural justice.
The judge directed the Investigating Officer (IO) to complete the probe strictly in accordance with law and submit a report under Section 173 CrPC within a reasonable time.
He stressed that an Ex-Officio Justice of Peace, when faced with complaints about investigation delays, should first seek a written explanation from the IO and, if unsatisfied, refer the matter to supervisory authorities rather than ordering arrests.
Justice Mahmood clarified that in cases of credible complaints, the Ex-Officio Justice of Peace may issue a warning, refer the matter to the supervisory authority or Police Complaints Commission, or in extreme circumstances, direct registration of a case if a cognisable offence has been committed.
Such interference, Justice Mahmood ruled, contravenes established principles of criminal jurisprudence.
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