CJP stresses need to fix police investigation procedure

Justice Gulzar Ahmed reprimands IGP

ISLAMABAD - Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed on Tuesday while hearing a case regarding land occupation said there was a need to fix the procedure for investigating cases by the police.

A two-member bench of the apex court comprising CJP and Justice Qazi Muhammad Amin Ahmed heard the bail plea filed by accused Saddam Hussain in a plot possession case.

During the course of proceedings, the CJP reprimanded the Inspector General of Police Islamabad and ordered to publish a yearly book of cases investigated by the police officers so that the police performance could be improved.

He said there should be an investigation manual for murder, abduction, land occupation and accidents. It was the first lesson given to investigation officers (IOs) after the creation of Pakistan that they should follow the manual.

He said it was a common problem that investigation officers did not want to go in the field. When steps would be taken to correct the investigation procedure, he asked. IG Islamabad Amir Zulfiqar informed the court that an inquiry was underway into the faulty investigation carried out in the case. The investigation officer had already been issued a show cause notice for his negligence.

 

Justice Qazi Amin observed that a person was killed and four others were injured on the dispute of one Marla plot. A land occupation mafia reigned in Islamabad and nobody could stand in front of them. The investigator had to look into the fact that who was the owner of the land and who had occupied it. Later, the court called the report of departmental action against IO Tasaduq Hussain Shah and adjourned the hearing till date in office.

 

New SC bench to hear military courts’ appeals against PHC

 

Chief Justice of Pakistan Justice Gulzar Ahmad on Tuesday formed a two-member bench for hearing appeals by Ministry of Defense against the Peshawar High Court (PHC) for granting bail to accused convicted by military courts.

The bench, comprising Justice Mushir Alam and Justice Qazi Muhammad Amin Ahmed, will hear the case on Wednesday (today).

A two-member bench comprising Justice Mushir Alam and Justice Yahya Afridi on Tuesday, while hearing the appeals against the PHC verdict on the request of Additional Attorney General, referred the matter to Chief Justice Gulzar Ahmed for constitution of a new bench.

During the hearing, Justice Afridi said that he and Justice Mazhar Alam Miankhel have heard the cases in the Peshawar High Court therefore it is not appropriate that they also hear the appeals.

Additional Attorney General said that the issue before the bench is to give direction to the PHC to constitute a larger bench. He said that a division bench of the PHC is hearing appeals against the military courts which is fixed before it today (Tuesday). He requested the bench to restrain the PHC from hearing the appeals against military courts.

Justice Mushir questioned how they could grant a stay against the High Court without hearing the matter. The Attorney General then requested Justice Mushir to refer the matter to the Chief Justice of Pakistan on Tuesday for constituting a new bench.

Accepting the AAG plea, Justice Mushir had sent the file to the Chief Justice for constituting of a new bench. Meanwhile, a two-member bench headed by Chief Justice Gulzar Ahmed turned down a bail petition of an accused involved in kidnapping a woman.

The petitioner appearing before the bench in person said that his counsel could not appear before the court therefore the hearing should be adjourned. He said that he is not even aware of the charges levelled against him.

Justice Amin said that you have killed the witnesses and kidnapped a woman whose statement is on the record. After knowing all this you are saying that you do not know what are the charges levelled against you. He added that they cannot grant pre-arrest bail in kidnapping of a woman and dismissed his petition.

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