ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. 1090 of 2009.

Date	Order with signature of Judge

For Katcha Peshi.

10.12.2009.

Mr. Abdul Rasheed Shah, Advocate for petitioner.

Mr. Azizul Haq Solangi, Asstt. A.G. alongwith Ahmed Ali Sodhar SPO Nasirabad, Mohammad Bachal Shaikh Inspector (Legal), on behalf of DPO Kamber-Shahdadkot, Inspector Khan Mohammad Tunio SHO P.S Nasirabad, ASI Nawab Ali Massan, PC Altaf Hussain of P.S Nasirabad.

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In this case D.P.O Kamber-Shahdadkot, S.P.O, and SHO Nasirabad were called to appear in person to answer to the act of highhandedness of their subordinates, in which not only alleged detainee, namely, Nazir Hussain was confined by P.C Altaf Hussain, but other persons, namely, Manthar, Qasim and Sajid Ali were also found detained at P.P Jalbani of PS Nasirabad. PC Altaf Hussain disclosed to the commissioner and so also before this Court on 20.11.2009, that ASI Nawab Ali had left detainees named above at police post. ASI Nawab Ali did not dispute such allegations before this Court.

The DPO Kamber-Shahdadkot is absent today, while PDSP Mohammad Bachal Shaikh, is present on his behalf, and requests that DPO has gone in important search operation, therefore, he has not been able to appear before this Court. However, he undertakes on behalf of DPO Kamber-Shahdadkot that any order passed by this Court will be implemented in letters and spirit.

In such circumstances, we direct DPO Kamber-Shahdadkot to initiate disciplinary action against ASI Nawab Ali and PC Altaf Hussain, and suspend them forthwith and himself conduct enquiry against them and result of such enquiry and action taken against them should be communicated to this Court through Additional Registrar within 30-days.

At this stage, learned counsel for petitioner has submitted statement for withdrawal of the petition, which appears to be with pressure and compromise with the police. The petitioner has set the law into motion in this case, in which high ranking police officers were called, but leaving aside that he has compromised with the police officials who are involved in the heinous offence of detention of innocent citizens. In view of such position we allow withdrawal of the petition, but subject to payment of cost of R.5000/- (five thousands), which shall be paid by the petitioner in dispensary fund of this Court. The amount of cost be deposited within two week’s time, as undertaken by Mr. Abdul Rasheed Shah.

The petition stands dismissed as not pressed.

Judge