IN THE HIGH COURT OF SINDH, CIRCUIT COURT,
(1) Constt. Petition No. S- 221 of 2021.
{Abdul Waheed Panhwar v. SHO P.S Rustam & others}.
(2) Crl. Transfer Appln. No. S- 45 of 2022.
{Abdul Waheed Panhwar v. Ghulam Ali & others}.
For Petitioner/ Applicant : Mr. Mr. Habibullah G. Ghouri, Advocate. (Abdul Waheed Panhwar)
For Respondents No.5 to 9 : Mr. Mr. Asif Ali Abdul Razzak Soomro,
(In C.P. S. No.221/2021). Advocate.
For Respondents No.1 to 9 : Mr. Safdar Ali G. Bhutto, Advocate.
(In Cr. Tr. Appln. No. 45/2022).
For official respondents : Mr. Munawar Ali Abbasi, Asstt. A.G and
Mr. Ali Anwar Kandhro, Addl. P.G.
Date of hearing : 09.03.2023.
Date of order : 09.03.2023.
ORDER
Zulfiqar Ali Sangi, J. These are interconnected matters; therefore, they are being disposed by this common order.
2. Petitioner Abdul Waheed Panhwar filed both these cases i.e. Constt. Petition No. S- 221/2021 and Crl. Transfer Appln. No. S- 45 of 2022. The petition seeks directions to official respondents for providing protection to petitioner and his wife Mst. Afsana and issuance of wrist of Heabus Corpus for production of Mst. Afsana, the wife of petitioner, from wrongful confinement of private respondents, who according to petitioner was confined by private respondents against her wishes. Whereas, Crl. Transfer Appln. No. S- 45 of 2022 seeks transfer of Sessions case arisen out of F.I.R No. 69/2021 registered at P.S Rustam from District Shikarpur to any other District.
3. The background of the case is that, Mst. Afsana daughter of Gulsher Panhwar entered into freewill marriage with petitioner/ applicant Abdul Waheed Panhwar, which annoyed relatives of Afsana and F.I.R No.17/2021 was registered by one Imran with P.S Rustam claiming to be husband of Mst. Afsana. It is further case of the petitioner/ applicant that the private respondents in collusion with area police demolished the houses of petitioner party and ultimately on pretext of making private “fasila”, the petitioner and his wife Mst. Afsana were taken by private respondents with them, but no “fasila” was made and the couple was detained in “katcha” area. It is further stated in the petition that petitioner by taking chance escaped from custody of private respondents and finding imminent danger to life of his wife Mst. Afsana, he filed this petition seeking directions to official respondents for her recovery.
4. It is further case of the petitioner/ applicant that in the meantime his wife Mst. Afsana was murdered on the allegation of “Siyah-Kari” by the accused persons and such F.I.R being Crime No.69/2021 was registered by SHO of Police Station on behalf of the State with P.S Rustam (District Shikarpur). It appears from the record that, a J.I.T investigated such F.I.R, and recorded statements of petitioner/ applicant and his witnesses; ultimately the case was challaned before the Court of law at Shikarpur, and the petitioner/ applicant apprehending danger to his life has also filed captioned transfer application seeking transfer of aforesaid case from District Shikarpur to any other district.
5. Learned counsel for the petitioner submits that, despite specific directions issued by this Court the concerned police failed to provide protection to the petitioner and his family and the accused persons/ private respondents have been repeatedly making attacks upon petitioner party and that the wife of the petitioner has already been murdered by the private respondents and there is also serious apprehension to the life of the petitioner and his other family members. Learned counsel has also placed on record copy of F.I.R No.06/2023 of P.S Rustam in support of his contention. The learned counsel prays for directions to official respondents for providing protection to petitioner and his family members in true senses and transfer of aforesaid case/ F.I.R from District Shikarpur.
6. The S.S.P Shikarpur appeared in person and has filed report to the effect that, petitioner and his family have been provided police protection and that two constables have been deputed at village of the petitioner. The S.S.P however further submits that, the petitioner who at-present is residing in Larkana town would also be provided legal protection as and when needed by him.
7. The record reflects that, several directions have already been passed for providing protection to the petitioner. However, there seems failure on the part of police in providing proper protection to petitioner, as is evident from the material produced on record by the learned counsel. The petitioner’s apprehension appears to be genuine. Accordingly, the official respondents are once again directed to ensure proper legal protection to the petitioner and his family members. Simultaneously, the case arisen out of F.I.R No. 69/2021 of P.S Rustam is withdrawn from District Shikarpur and transferred to District Sukkur with directions to learned Sessions Judge, Sukkur, to either proceed with case himself or entrust the same to any other Court competent to try it. It is further directed that the case be proceeded expeditiously and may be disposed of preferably within a period of three months after receipt of the record & proceedings.
8. The captioned petition and transfer application are disposed of in above terms.
Judge
Ansari