ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C.P No. D – 42 of 2017

Date Order with Signature of Hon’ble Judge

For hearing of main case

19.02.2019

Mr. Nisar Ahmed Bhanbhro Advocate for the petitioner

Agha Ather Hussain Pathan, Asstt: A.G

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Irshad Ali Shah, J; The petitioner by way of instant Constitutional petition has prayed for the following relief;

“a) That this Honourable Court may be pleased issue writ declaring thereby the acts of the Respondents of refusing to recognize the husband of the petitioner as Shaheed as discriminatory, arbitrary, illegal ab initio, null and void and without any lawful authority.

b) To declare that the petitioner is entitled for the similar treatment as granted to the families of other similarly placed police personnel, thus be pleased to set aside the impugned order 23.11.2016 and direct the Respondents to recognize late husband of the petitioner as “SHAHEED” and grant bereaved family the compensation and other benefits as admissible under the law.

c) To grant any other relief deemed fit and proper under the circumstances of the case including the costs of Petition.”

2. The facts in brief necessary for disposal of instant Constitutional petition are that late Khuda Bux who happened to be husband of petitioner was working with the police department as Driver Police Constable. On 04.12.2014 when he was on his duty, was driving a police Mobile, it was hit by speedy Car, thereby he sustained injuries and died for that FIR Crime No.141/2014 u/s 353, 279 and 320 PPC was lodged with police station Ranipur. Senior Superintendent of Police Khairpur vide his Letter No.OASI/SSC/12484 dated 18.12.2014, on the basis of recommendation of committee led by him declared late DPC Khuda Bux as “Shaheed”. Subsequently, it was observed by AIGP Welfare Sindh under her letter No.AIGP/Welfare/KW-II/3579/15 dated 13.5.2015 that the case of late DPC Khuda Bux is not coming under the criteria of “Shaheed”. Consequently, the petitioner filed a Constitutional petition (C.P No.D-1955/2015) before this Court. It was disposed of by this Court on 25.5.2016 with the following observation;

“Accordingly, instant petition is disposed of with direction to I.G Police Sindh to consider the request of the petitioner in view of the recommendations by the committee comprising of three S.S.Ps available at page No.17 as Annexure “D”, while taking into consideration identical cases, however without applying the Standing Order No.279/2014. It is expected that needful shall be done within a period of four months from the date of receipt of this order. Instant petition stands disposed of in the aforesaid terms.”

3. Seemingly, after above said order of this Court case of late DPC Khuda Bux was placed before a Committee constituted by Government of Sindh, Home Department vide Notification No.POL-II-HD/7-125-2011 dated 29.12.2011, which in its meeting held on 02.11.2016, did not approve the case of late DPC Khuda Bux for his declaration as “Shaheed” vide letter No.AIGP/Welfare/SFC-4754-59 dated 23.11.2016. It was in these circumstances, the petitioner being widow of late DPC Khuda Bux has filed the instant Constitutional petition for the relief, as stated above, which is objected by Deputy Inspector General of Police Sukkur Range by filing his statement.

4. It is contended by learned counsel for the petitioner that late DPC Khuda Bux has died in line of his duty; as such he is entitled to be declared as “Shaheed”, and the petitioner is entitled to the benefits which the widows of “Shaheeds” are receiving in similar like cases.

5. It is contended by AAG Sindh that late DPC Khuda Bux has not lost his life at the hands of criminals in police encounter, as such, he could not be declared as “Shaheed” making the petitioner to be entitled for such financial benefits/assistance. By contending so, he sought for dismissal of the instant Constitutional petition.

6. We have considered the above arguments and perused the record.

7. There is no denial to the fact that DPC Khuda Bux died of road accident when he was on his duty. Since, the petitioner has come for compensation, provided under specific legislation, while claiming DPC Khuda Bux as ‘Shaheed’ , therefore, it would be conducive to see definition of term ‘Shaheed’, which is provided by Sindh Shaheed Recognition and Compensation Act, 2014 (Sindh Act No.XVI of 2014) itself vide Clause-2(f) as;

“Shaheed” means a person who offered sacrifice of his life in line of duty in counter terrorism or becomes victim of an act of terrorism operation or targeted and killed by terrorists group and declared Shaheed in the manner prescribed by Government”.

8. From reading of above, it is quite obvious and clear that three different situation (s) have been provided which are enumerated as below if:

i) he sacrifices his life in line of duty in counter terrorism;

ii) he becomes victim of an act of terrorism operation; or

iii) he is targeted and killed by terrorists group;

9. Since, there can be no denial to the fact that an official may meet its natural death even while performing his duties or even may be killed in result of personal enmity etc. which, rightly would not be sufficient to declare him as ‘Shaheed’ which (Shaheed) has its own concept. This appears to be the reason that declaration of one as ‘Shaheed’ is subject to certain conditions / situations, therefore, the use of specific words like ‘counter terrorism’; ‘terrorism operation’ and ‘target killing by terrorists group’ shall always be required to be given their due meaning.

10. There is no denial to the fact that late DPC Khuda Bux did not loose his life in counter terrorism nor became victim of an act of terrorism operation nor targeted and killed by terrorist group, therefore, Committee was quite justified in not approving his case for his declaration as “Shaheed”.

11. It is well settled principle of law of interpretation that where the plain language of a statue admits no other interpretation then the intention of the legislature, conveyed through such language is to be given its full effect. In that context, reference could be made to the case of Ghulam Hyder and others vs. Murad through legal heirs and others (PLD 2012 SC 501), wherein it has been held by Honourable Apex Court that;

“----Where the plain language of Statute admits of no other interpretation then the intention of the legislature conveyed through such language is to be given its full effect.”

12. Therefore, late DPC Khuda Bux could not be declared as “Shaheed” by this Court by making interpretation other than one which is prescribed by law, as is detailed above, only to benefit the petitioner at the cost of public exchequer under the pretext that in similar like cases some other police constables in past under Standing Orders of the police have been declared to be “Shaheed” by the police department.

13. Based upon above discussion, it could be concluded safely that the petitioner has failed to make out a case of infringement of her rights, which is sufficient for dismissal of her Constitutional petition; it is dismissed accordingly with no order as to costs.

Judge

ARBROHI