ORDER
SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Constt:
Petition No.D- 466 of 2016
DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE
1-
For orders on office objection at
Flag “A”
2-
For Katcha
Peshi.
12th.
February, 2016.
Miss: Farzana Bhatti, Advocate a/w petitioner.
Mr.
Zulfiqar Ali Jatoi, D.P.G
for State along with SIP Hussain Ali Kharal, SHO P.S Pano Akil,WHC Fazal
Illahi Leghari, P.S Pano Akil and SIP Ghulam Hyder, on behalf of SSP, Sukkur.
Today
detainee Ghulam Mustafa alias Nomi has shown appearance
in Court who has stated that he was illegally detained by police and in view of
filing instant petition, he has been released last night. He has also
complained about torture by police. The detainee further alleges that SHO
Police Station, Pano Akil
namely Hussain Ali Kharal
and WHC Ghulam Yaseen Korai, arrested him from his house and thereafter his eyes were blind
folded and he was being kept on different places. Such allegations are denied
by respondent No.3 present in Court who submits that neither he has arrested
the alleged detainee nor maltreated him nor demanded any money as alleged.
Learned
Counsel for the petitioner submits that police is continuously causing
harassment to the petitioner and her family, whereas, the F.I.R No.45 of 2010 against
Mst. Amina petitioner and
her husband Nazir Ahmed and detainee Ghulam Mustafa alias Nomi has already been disposed of
under “C” class. Per learned Counsel there is only one case No.52 of 2015
registered against the husband of petitioner namely Nazir
Ahmed at F.I.A Crime Circle, Sukkur U/s 420, 468, 471
& 109 PPC is pending before the Court of 1st. Civil Judge &
Judicial Magistrate, Sukkur. However, at the instance
of private respondents, police is continuously causing harassment and there is
likelihood that the petitioner and her family members will be involved in false
cases.
In
view of herein above facts and circumstances of the case and the serious
allegations leveled by the petitioner duly supplemented by the alleged detainee
present in Court, the illegal arrest and detention of detainee by the police
cannot be ruled out. Accordingly, we would direct Inspector Ghulam
Ali Jumani, to conduct inquiry into the allegations
and submit report within two weeks. If during inquiry it is found that any of
the police official is involved in illegal arrest or detention, appropriate
action shall be taken by the S.S.P concerned in accordance with law. In the
meanwhile, the concerned police is directed to ensure
that the petitioner and her family members will not be harassed and will not be
involved in any false criminal case, whereas, SSP, Sukkur
is directed to provide protection to the petitioner and her family in
accordance with law. As regards the case pending against the husband of the
petitioner or claims of some private persons against him, the same shall be
decided by the competent Court of jurisdiction in accordance with law law, without creating harassment or illegal arrest and
detention of petitioner and her family members.
Petition stands disposed
of in the aforesaid terms. Inquiry report shall be furnished before this Court
through I/c Additional Registrar of this Court.
JUDGE
JUDGE
A.R.BROHI