ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
C.P. No.D-115 of 2020
Petitioner : Ghulam Shabbir Niazi
Through Syed Sardar
Ali Shah Jilani, Advocate
Respondents : Through Mr. J. K. Jarwar,
Advocate
P.O. Sindh : Through Zulfiqar Ali Naich, Assistant
Advocate
General
Date of hearing : 16.07.2020
Date of Order : 16.07.2020
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O R D E R
ADNAN-UL-KARIM MEMON, J: learned counsel for the
petitioner has submitted the petitioner's wife namely Mst.
Farhana Mahreen and
daughter Mst. Anam went
missing. It is contended that the police have not taken any step for tracking
down the missing person. Hence this court should issue a habeas corpus
directing the police to trace, recover and produce the missing person.
2. Learned AAG has disputed the stance of
the learned counsel for the petitioner on the premise that in earlier round of
litigation, petitioner lodged FIR No. FIR No.89/2018, under Section 365-B, 504,
34 PPC, at P.S. A-Section, Sukkur, which was recommended for cancel class and the
same summary was approved by the learned 3rd Civil Judge &
Judicial Magistrate vide order dated 17.12.2018. He however, submits that
official respondents are trying their level best to locate the whereabouts of
the alleged missing person if any and if the petitioner comes forward with
concrete evidence against anyone, they shall take prompt action in accordance
with law.
3. In our view, a
habeas corpus writ is to be issued only when the person concerning whose
liberty, the petition has been filed, is illegally detained by respondents in
the petition. On the basis of a habeas corpus petition the power under Article
199 of the constitution is not to be exercised for tracing a missing person
engaging an investigating agency empowered to investigate a case under the Code
of Criminal Procedure. The investigation, if in progress, is to be overseen by
the criminal court. Here the petitioner is asking this court to direct the
police to track down his missing wife and daughter. At
this stage petitioner seeks disposal of the instant petition, in view of
statement of learned AAG. This petition stands disposed of in the terms of
statement of learned AAG.
JUDGE
JUDGE