ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Const. Petition No.S-174 of 2009

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1. For order on Office Objection a/w reply.

2. For Katcha Peshi.

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Dated: 17th April 2009

Mr. Muhammad Ramzan Memon, Advocate for Petitioners alongwith Petitioners.

Mr. Qazi Wali Muhammad, State Counsel alongwith Addl. SHO Mureed Hussain of Police Station Korangi Industrial Area.

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      The petitioners have filed this petition with the prayer that the respondents No.1 to 4 may be directed to provide security to their lives and liberty.

Learned counsel for the petitioners submits that the petitioner No.1 has married with petitioner NO.2 with her own free-will at Okara and since they are getting threats from private respondents they have shifted to Karachi and in Karachi also they are receiving threats of dire consequences, hence approached the concerned Police Station, who refused to provide any security to them.

The SHO of Police Station Korangi Industrial Area has submitted his comments in which he has stated that the petitioners have never appeared before him.

From the perusal of record it transpires that the petitioners have sent certain applications to the senior police officers and last application was sent to the I.G. Sindh, S.S.P. Landhi and SHO of PS Korangi Industrial Area on 06.4.2009. All these applications have been sent through courier service and the officer present in Court is not in a position to make any definite reply with regard to the receipt of application.

Learned State Counsel states that instead of filing this petition the petitioners should approach the concerned Judicial Magistrate under Section 107 of the Code of Criminal Procedure for their protection.

It is the duty of the police to provide protection to the lives and properties of the citizen and no one can take the law into his own hands. If the petitioners are apprehending dangerous to their lives they can approach the police for due protection and area police cannot lightly refuse to provide such protection to the petitioners.

In view of the above, this petition is disposed of with the observation that in case of need, the petitioners can approach the concerned Police Station, who are providing them due protection. The petitioners may also approach the concerned Judicial Magistrate as provided under Section 107, Cr.P.C.  

JUDGE