IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Constt:
Petition No.D- 238 of 2015.
DATE ORDER WITH SIGNATURE OF
HON’BLE JUDGE
FOR
KATCHA PESHI
29th.
January, 2016.
Mr.
Ghulam Asghar Abbassi, Advocate along with petitioner & detainees Kandero alias Latif Dino and Ayaz S/o Allahdino.
Mr.
Sohail Ahmed Khoso,
Advocate a/w Respondent
No.5.
Mr. Liaquat
Ali Shar, Addl: A.G.
Mr.
Zulfiqar Ali Jatoi, D.P.G
for the State along with Syed Pir Muhammad Shah, SSP,
Khairpur, PDSP Khalid Makhdoomi,
HC Mumtaz Hussain Dasti, Incharge PP Economic Zone.
Pursuant
to Court directions, Syed Pir Muhammad Shah, SSP, Khairpur Mir’s has shown appearance who has denied the
allegations as contained in the instant petition and submits that he has never
issued any directions to arrest any of the petitioners or his relatives,
however, it has been submitted that there is some complaint regarding illegal
cutting of Date Palm Trees by one Fayaz alias Faheem within the jurisdiction of police station, Economic
Zone, Khairpur, wherein there is suspicion against
the son of petitioner namely Fayaz alias Faheem. He has further stated that he will conduct inquiry
against the concerned police officials who according to petitioner have
illegally detained the relatives of the petitioner namely Ayaz,
Kandero alias Latif Dino,
Mir Hassan and Momin without registration of any
F.I.R and submit such report to this Court.
The
detainees namely Kandero alias Latif
Dino S/o Udhal Phulpoto and
Ayaz S/o Allah Dino have shown appearance in Court
and submit that they were illegally detained by Mumtaz
Ahmed Dasti, Incharge
Police Post Jumo Goth of Police Station, Economic
Zone Khairpur and have been released on 28.2.2016.
The police officials present in Court submit that presently there is no case
against the petitioner and his relatives named herein above and there is an
F.I.R in which the son of
Kandero alias Latif
Dino namely Ayaz alias Faheem
is suspected.
Learned Counsel for the
petitioner submits that the respondents may be directed to ensure that no harassment
whatsoever shall be caused to the petitioner and his relatives, whereas, strict
action may be taken against the delinquent police officials who have violated
the law and illegally detained the aforesaid persons.
Since
all the alleged detainees have been recovered and no case has been registered
against them while showing restraint for issuance of directions for
registration of F.I.R against delinquent police officials, we are disposing of this petition on the undertaking
given by S.S.P, Khairpur that strict discreet inquiry
shall be conducted against such delinquent police officials by associating the
petitioner and detainees who have stated to be released by police on the
directions of this Court and strict action shall be taken against them in
accordance with law, whereafter, the compliance
report should be submitted to this Court through Additional Registrar of this
Bench within 15 days. Keeping in view the seriousness of the allegations and
the false statements and the stance taken by Mumtaz
Ahmed Dasti, Incharge P.P Jumo Goth, we would direct the concerned S.S.P that above
police official shall remain under suspension during inquiry and may not be
given any posting till then.
Petition
disposed of in the above terms.
JUDGE
JUDGE
A.R.BROHI