ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Constitutional Petition No.113              of   2009.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection as flag ‘A’.

2. For Katcha Peshi.

22.5.2009

Mr. Rafique Ahmed Abro advocate holding brief for Mr.Inayatullah Morio advocate for petitioner.

Mr. Nisar Ahmed G. Abro, State Counsel along with SIP Adam Khan, ASI Ghulam Hussain Solangi, ASI Mohammad Afzal Solangi, HC Ghulam Mustafa, HC Zulifqar Ali, PC Hakim Ali, PC Mohammad Hassan, PC Mir Nawaz, PC Rahim Bux, PC Sharafuddin, PC Mohammad Ali, PC Mohammad Nawaz, PC Ali Nawaz, PC Peeral Khan, PC Imtiaz Ali, PC Mohammad Saleem, PC Mumtaz Ali, PC Mohammad Yaseen, PC Daman Ali, PC Mohammad Hayat, driver PC Aijaz Ali and Mohammad Ashraf.

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                        Heard Mr. Rafique Ahmed Abro advocate holding brief on behalf of learned counsel for the petitioner, Mr. Nisar Ahmed G. Abro learned State Counsel and the police officials who are present in Court against whom the petitioner has grievance that on 17.1.2009, cousin and brother-in-law of the petitioner namely Mohammad Usman Mangi went to Radhan in order to meet with Rice Traders as he was earning his livelihood by carrying the business of grain, after completing his work, he returned back to Mehar through his motorcycle, when he left Radhan, after traveling ¾ kilometers, he found police mobile standing on road, when reached near police mobile, ASI Afzal Solangi Incharge Police Post Radhan along with his subordinate staff signaled him to stop, who stopped his motorcycle , said ASI apprehended him, Mohammad Usman enquired reason resultantly harsh words exchanged between him and said ASI, during the course  SHO of Police Station Thariri Muhbat namely Adam Abro came out from his mobile along with service klashnikov, said ASI caught hold of Mohammad Usman and SHO opened fire from his klashnikov upon Mohammad Usman, which hit him on his left leg, immediately thereafter, he fired upon his vehicle/police Mobile and asked his subordinate to put him in the vehicle who obeyed  the orders of their superior and they went away.  Such incident has witnessed by Ghulam Mustafa, Ghaloo, Zahid Hussain Jhatial and others. The applicant has further alleged that both the police officers brought him at P.S, where the men of electronic media also reached there, who recorded such movie, during the course both witnesses came to the petitioner, narrated the facts to him and petitioner rushed to police station raised cries against highhandedness of police and then above named police officers in presence of petitioner shifted injured to some unknown place and on same day after 5/6 hours, above named police officials murdered him and falsely declared police encounter, though no encounter had taken place and all these facts have been reported  in electronic as well as print media.

                        After hearing the applicant’s counsel, applicant, learned State Counsel and the official present in Court, all the parties have agreed that Deputy Inspector General of Police Larkana may be directed to reinvestigate this matter either himself or Inspector Mohammad Anwar Gopang officiating as DSP, Headquarter Shikarpur The facts reveals that encounter has taken place in respect of deceased Mohammad Usman. It is heinous offence, if there was not real encounter and it was managed and fake encounter then action may be taken against the police officials. Therefore, DIG Larkana is directed to conduct reinvestigation regarding crime No.17/2009, Police Station Thariri Muhbat district Dadu either himself or direct the Inspector Mohammad Anwar Gopang officiating as DSP Headquarter, Shikarpur to reinvestigate the above crime.  In case if the allegation of petitioner  is proved against the officials who have managed fake encounter then departmental action may be taken against them, in case  petitioner has made false allegation, petitioner shall be liable for action in accordance with the law. The DIG shall file his report within fifteen days before this Court.

                        In terms of above observation the petition stands disposed of

Judge