C.P.No.D-3266 of 2015

C.P.No.D-4830 of 2015

C.P.No.S-3131 of 2005

29.03.2016

Petitioner Mst.Karema Shaikh present in person in CPD-3266/2016.

Mr. Nusrat Hussain Memon Advocate for petitioner No.1 Mst.Parveen in CPS-3131/2015.

Mr. A. R. Faruq Pirzada Advocate for respondent No.6 and for intervener Mst.Nooran in CPS-3131/2015.

Syed Sardar Ali Shah Rizvi, Assistant Prosecutor General a/w Masood Rasool Mahar DSP Rohri, SIP Abdul Sattar, SHO, PS, Patni and ASI Muhammad Hashim of PS Sarhad.

Mr. Shafique Ahmed Leghari, State Counsel.

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After hearing the learned counsel for the parties, the above petitions are being disposed of with the following common order.

Brief facts of the case for the disposal of instant petitions are that CPS-3131/2015 was filed by petitioners namely Mst.Parveen d/o Ali Gul and Pervez s/o Bakhshal alleging harassment by the private respondents on account of their freewill marriage, whereas, protection was sought. The petitioners appeared before the learned Single Judge of this Court in the aforesaid petition on 31.08.2015 when following order was passed:

“Mr. Kashif Hussain Shaikh advocate for the petitioners present in Court along with Mst. Parveen d/o Ali Gul petitioner No.1 herein and Pervez s/o Bakhshal petitioner No.2 herein.

The learned counsel for the petitioners submits that petitioner No.1 has contracted marriage with petitioner No.2 out of her free will and sworn affidavit of free will, which is present at page 21 as annexure-B to the petition. The learned counsel for the petitioners further points out the Nikahnama is also annexed as annexure-A at page 19 to the petition according to which the petitioner No.1 has contracted marriage with petitioner No.2 on 25.8.2015 exercising her right of free will being sui juris. In the affidavit of her free will petitioner No.1 stated herself to be adult, aged about 23 years and contracted marriage by solemnizing Nikah without any pressure and coercion with petitioner No.2. The petitioner No.1 further submits that she is sui juris whereas petitioner No.2 submits that he is 19 years of age and has contracted marriage with petitioner No.1 according to law and Constitution.

Through this petition, the counsel for the petitioners submits that the private respondents No.3 to 5 are causing harassment to the petitioners on account of aforesaid marriage at the behest of private respondents No. 6 to 9 and are extending threats to the petitioners that they shall register FIR against petitioner No.2 for kidnapping of petitioner No.1, however, in fact the petitioner No.1 has contracted marriage with petitioner No.2 in accordance with Sharia Muhammadi and of her free will and according to law and Constitution.

Let notice be issued to AAG as well as respondents No. 2 to 9. The notice upon the private respondentsNo.6 to 9 shall be served by SHO P.S Sarhad district Ghotki, the respondent No.5 herein who shall ensure the production of the private respondents before this Court on the next date of hearing. The respondents No. 2 to 5 in the meanwhile are directed to conduct themselves strictly in accordance with law and not to extend any threats to the petitioners and cause any harassment to the them. It may be made clear that if any harassment is caused by the private respondents either directly or through official respondents against any one of the petitioner, strict action shall be taken against the respondent No.2 who is directed to provide protection to the petitioners from the hands of respondents No.6 to 9. Adjourned to 14.9.2015.”

However, during course of the proceedings, it was intimated that petitioner No.2 namely Pervez s/o Bakhshal has been killed in alleged encounter on 05.09.2015 by Rohri police. Keeping in view the peculiar facts and circumstances of the case and serious threat to the life of petitioner Mst.Parveen, she was directed to be sent to Darul Aman, Sukkur for safety of her life vide order dated 21.09.2015, whereas, DIG Sukkur was also directed to submit detailed report with regard to alleged encounter of petitioner No.2 Pervez.

During pendency of aforesaid petition, another petition i.e. CPD-3266/2015 was filed by Mst.Karema Shaikh, mother of the deceased namely Pervez, with the following prayer:

a) To direct respondents Nos.1 to 4 to produce safe custody of innocent son of petitioner namely Ali Sher and her husband Bakhshal forthwith before this Court and after recording their statements they may be set at liberty.

b) To direct respondents Nos.2 to 4 to handover dead body of innocent son of the petitioner namely Pervez to the petitioner.

c) To direct the respondent No.4 to comply with the mandatory provision of law and record the statement of petitioner in 154 Cr.P.C Book, against the highhandedness of involved police officials.

On 22.09.2015 following order was passed in the aforesaid petition:

“Learned Addl.A.G has filed statements on behalf of S.S.P Sukkur, Haji Masood Rasool Mahar D.S.P Rohri, SIP Abdul Hakeem Langah SHO P.S Rohri and SIP Qamaruddin Mahar SHO P.S. Patni which are taken on record. Copies be supplied to the counsel for petitioner. He seeks time to go through the same.

Mst. Kareema w/o Bakhshal has filed the instant Constitution Petition in which it is stated that her son Pervez had contracted love marriage with Mst. Parveen d/o Ali Gul. Copy of affidavit of free will and Nikahanama have been annexed. After marriage couple lived together for some time. On 04.09.2015 at noon time, the respondents No. 2 to 4 under the influence of Ali Gul, father of Mst. Parveen, Pervez son of the petitioner was arrested from his house and was detained at P.S Patni. The respondent No.4 demanded Rs.40,000/- for the release of Pervez. On 05.09.2015 petitioner went to P.S Patni for providing clothes to her son where she came to know that respondents No.2 to 4 have committed murder of her son Pervez, Pinyal & Ali Muhammad at mid night and the police refused to hand over the dead bodies to the petitioner. Petitioner has further stated that directions may be issued to concerned SHO to record her statement/FIR. Since apparently cognizable offence has been committed , in the first instance it is ordered that SHO P.S. Patni shall record the statement of Mst. Kareema against the concerned police officials/ persons in respect of murder of son of petitioner, Pinyal and Ali Muhammad in accordance with law. Let the copy of this order be sent to S.S.P Sukkur by Fax for immediate compliance under intimation to this Court. Adjourned to 29.09.2015.”

On 29.09.2015 CPD-3266/2015 was directed to be taken up along with CPS-3131/2015, whereas, on 06.10.2015 following order was passed:

“Mst.Parveen produced from Darul Aman.

Pursuant to Court notice, Liquat Ali Abbasi DSP, Pano Akil has submitted his report along with annexures, whereas SSP Khairpur has also filed statement, statement has also been filed on behalf of SHO Police Station, Rohri.

Mr.Ghulam Shabbir Shar Advocate has filed his Vakalatnama on behalf of respondent No.3 Abdul Hakeem Langah SHO PS Patni and respondent No.4 Qamaruddin SHO PS Rohri accused in FIR No. 04/2015 registered at Police Station , Patni and submits that since FIR has already been registered against the aforesaid persons, the instant matter will be disposed of to be decided by the learned trial Court.

Mr.A.R.Faruq Pirzada representing Ali Gul father and Mst.Nooran mother of Mst.Parveen petitioner submits that proper investigation in respect of FIRs will be directed to be made by some senior responsible officer so that actual facts may come on record and the accused persons may be dealt with in accordance with law. It is further stated that statement of Mst.Parveen may be recorded so that she may be allowed to go with her parents.

Learned counsel for the petitioner has seriously controverted the submissions made by learned counsel for the respondents and submits that he will objections to the report submitted by DSP Liaquat Ali Abbasi which has been prepared to absolve the accused persons who are police officials and have committed murder of three innocent persons in spite of Court’s orders. It is further submitted that there is serious threat to the life of Mst.Parveen at the hands of private respondents as well as by the police, hence it will not be proper if her custody is given to her parents or anyone. It has been prayed that she may be sent back to Darul Aman till disposal of these matters by this Court. It has been further submitted that investigation of the FIR No. 02/2015 of Police Station, Patni under Sections 353, 324, 148, 149, 412, 427, PPC, FIR No.04/2015 of Police Station, Patni under Sections 302, 365, 344, 148, 149, PPC, FIR No.47/2015 of Police Station, Sarhad under Sections 452, 365-B, 148, 149, PPC and FIR No.154/2015 of Police Station, Rohri under Section 395, PPC may be directed to be investigated by some honest officer of police and has suggested the name of Inspector Ghulam Ali Jumani for such purpose.

Record shows that after the petitioners namely Mst.Parveen and Pervez approached this court by filing C.P.No. S – 3131/2015, seeking protection in respect of their freewill marriage the aforesaid FIRs were registered at various Police Stations whereafter, petitioner Pervez and witnesses of Nikah namely Ali Ahmed and Shahmore have been killed in a police encounter, despite pendency of these cases before this Court, wherein restraining orders were passed and concerned police up to level of SSP, were directed to provide protection to the petitioners. It is pertinent to note that during the course of hearing these cases, nothing was brought on record by the concerned police officials regarding registration of aforesaid FIRs.

From tentative perusal of report submitted by DSP Liaquat, it appears that instead of properly scrutinizing the facts and the incident took place within the jurisdiction of Police Station, Patni whereby 03 persons have been killed by police, an attempt has been made to create unnecessary doubts on the version of complainant and the incident of police encounter of aforesaid persons.

In view of above peculiar facts and circumstances of these cases, we would direct Inspector Ghulam Ali Jumani, DIG Office, Sukkur to conduct a detailed enquiry in respect of the above four FIRs and submit detailed compliance report before this Court within 15 days. DIG Sukkur is directed to provide complete assistance to Inspector Ghulam Ali Jumani in this task. Meanwhile Mst.Parveen may be sent back to Darul Aman to be produced in Court on the next date of hearing. The police officials present in Court are directed to provide protection to the petitioner party in accordance with law.

Adjourned to 21.10.2015 to be taken-up at 11-am.”

However, during pendency of instant petitions another petition i.e. CPD-4830/2015 was filed by petitioners Nazeer alias Nazar Muhammad s/o Muhammad Umar and Bakhshal s/o Ali Faqeer alias Muhammad Ali with the following prayer:

a) To quash the FIR viz. crime No.47/2015 for offence u/s 365-B, 452, 148, 149 PPC of PS Sarhad District Ghotki.

b) To direct the official respondents not to harass the petitioners at the instance of private respondents further direct them not to lodge any further false FIR against the petitioners and their other family members.

c) To call the private respondents in person before this Court and they may be directed to furnish solvent surety that they will not harass or cause any harm to the petitioner.

d) To direct the respondents Nos.2 and 3 that they may provide legal protection to the life, liberty and property of petitioners and their family members.

Notices were issued in the aforesaid petitions to the respondents and instant petition was also directed to be taken up along with aforesaid petitions.

Pursuant to directions of this Court in the above matters, Inspector Ghulam Ali Jumani from DIG office, Sukkur was directed to conduct detailed inquiry in respect of four FIRs registered in the instant cases i.e. FIR No.02/2015 of PS Patni, FIR No.04/2015 of PS Patni, FIR No.47/2015 of PS Sarhad and FIR No.154/2015 of PS Rohri, who has submitted a detailed inquiry report through covering letter dated 19.10.2015 comprising of 66 leaves, wherein, after thorough investigation and recording statements of the complainant and witnesses in the aforesaid FIRs, following conclusion has been drawn and observations made:

“CONCLUSION.

After entire enquiry so far conducted, the undersigned has reached on conclusion that:-

i. Case crime No.47/2015 u/s 365-B, 452, 148, 149 PPC of PS Sarhad (District Ghotki) is false one and liable to be disposed of under B-class in the light of above facts.

ii. Case crime No.154/2015 u/s 395 PPC of PS Patni/Rohri (District Sukkur) is genuine and liable to be sent up u/s 512 Cr.P.C against absconding accused Zamir s/o Mir Muhammad Shaikh and Karim Bux s/o Muhammad Bux Soomro. As such, three accused of this case namely Pervez Shaikh, Shahmore Shaikh and Ali Muhammad Shaikh have been killed so that their names should be struck off from case.

iii. Case crime No.02/2015 u/s 353, 324, 148, 149, 412, 427 PPC of PS Patni is false, on the basis of above facts.

iv. Case crime No.04/2015 u/s 302, 365, 344, 148, 149 PPC of PS Patni is liable to be sent up against accused persons as defined above.

OBSERVATION.

It is definite faith of undersigned that Almighty Allah will bless the undersigned including family members. However, there is certain apprehension of dire consequences from the hands of above named accused persons whose names have been declared by the undersigned in crime No.04/2015 of PS Patni, hence it may be brought in notice and may also kindly be kept on record.”

Mst. Parveen, produced from Darul Aman, has reiterated her contention as made in CPS-3131/2015 and stated that she contracted marriage with freewill and without pressure or coercion, and was never abducted by anyone, whereafter, her husband has been killed. She stated that she has serious threat to her life, therefore, she wants to remain in Darul Aman, Sukkur for the time being. She further states that her father Ali Gul and uncle Gul Hassan have been falsely involved in the cases. ASI/IO Muhammad Hashim of PS Sarhad present in Court has recorded the statement of Mst. Parveen and has placed on record of this Court.

Learned counsel for the petitioner in CPD-4830/2015 has submitted that In view of hereinabove facts and statement of Mst.Parveen recorded by the IO in crime No47/2015 of PS Sarhad registered under Sections 365-B, 452, 148, 149 PPC, wherein, she has denied the allegation of abduction, the proceedings emanating from aforesaid FIR may be quashed. Learned APG and learned State Counsel In view of hereinabove facts and circumstances of the case do not oppose such request, however, submit that IO may be directed to submit report along with statement of Mst.Parveen before the concerned trial Court, who shall pass appropriate orders and may submit compliance report to this Court.

Accordingly, keeping in view the statement of Mst.Parveen recorded by the IO, which has duly reiterated before this Court in unequivocal terms, we direct the IO to submit the report along with her statement before the concerned Magistrate, who shall pass appropriate orders in accordance with law and shall submit compliance report before this Court within two weeks of the order of this Court. It has been informed that no one nominated in the aforesaid FIR has been arrested, however, if anyone is arrested in the aforesaid FIR, shall be released immediately.

Since the allegations in FIR regarding abduction of Mst.Parveen stand falsified in view of her statement, therefore, the entire story also appears to be false which aspect may be examined by the concerned Magistrate. We would direct the concerned police including the DIG, Sukkur to provide protection to Mst.Parveen d/o Ali Gul and to ensure that she will not be harassed by anyone and necessary legal protection shall be provided to her, in accordance with law.

Learned APG submits that FIR No.04/2015 has already been registered on the directions of this Court under Section 302, 365, 344, 148, 149 PPC at PS Patni against the accused persons, whereas, interim challan has been submitted and the accused persons nominated therein are on interim pre-arrest bail, whereas, the case has been sent up to Sessions Court for trial, therefore, the matter may be disposed with directions to the learned trial Court to proceed with the case according to law.

Keeping in view the peculiar facts and circumstances of the above cases, we would direct Inspector Ghulam Ali Jumani of DIG office, Sukkur Region to submit his inquiry report dated 19.10.2015 before the concerned trial Court (s) who shall take the same on record and pass appropriate orders on such report and may proceed strictly in accordance with law in the light of material produced along with the inquiry report as referred to hereinabove.

Mr. A. R. Faruq Pirzada, learned counsel has filed an application on behalf of intervener Mst.Nooran, the mother of Mst.Parveen with the request to allow Mst.Parveen to go along with her parents, as according to learned counsel she cannot remain in Darul Aman for indefinite period. However, in view of serious threat to the life of Mst.Parveen as expressed by her and her willingness to live in Darul Aman for the time being, such request is declined. We would direct that Mst.Parveen may be allowed to remain in Darul Aman as per own choice and freewill till she may so desire, however, she may be at liberty to approach this Court through Incharge Darul Aman, Sukkur for her release from Darul Aman and to go with her parents as per own desire and freewill. However, no one except her parents, without the permission of Mst.Parveen may be allowed to meet with her.

All the aforesaid three petitions stand disposed of in the above terms along with listed applications.

JUDGE

JUDGE

N.M.