Transfer of Investigation under Article 18A Police Order 2002
The Police Order 2002 is the governing law for the police in Punjab, Pakistan. Article 18A of the Police Order sets out the procedures for transferring the investigation of a criminal case from one investigating officer to another.
Grounds for Transfer
- Where the investigating officer is unable to continue with the investigation due to illness, absence, or other reasons.
- Where the investigating officer is biased or prejudiced against any of the parties to the case.
- Where the investigating officer has been accused of misconduct in connection with the investigation.
- Where the investigating officer has failed to make progress with the investigation.
- Where the complainant or any other party to the case requests a transfer of investigation.
Procedure for Transfer
The transfer of investigation must be made by a senior police officer, such as the District Police Officer or the Regional Police Officer. The officer who is transferring the investigation must record the reasons for the transfer in writing.
The new investigating officer must be of a rank equal to or higher than the rank of the previous investigating officer. The new investigating officer must be given all of the relevant case files and records.
Effect of Transfer
The transfer of investigation does not affect the validity of any evidence that was collected by the previous investigating officer. The new investigating officer is free to review the evidence and to take any further steps that they deem necessary.
Conclusion
The transfer of investigation is a useful tool for ensuring that criminal cases are investigated fairly and impartially. The Police Order sets out clear procedures for transferring investigation, and these procedures should be followed in all cases.