ORDER SHEET
C.P.No.D-257/2008
__________________________________________________
DATE ORDER WITH SIGNATURE OF JUDGE
__________________________________________________
1. For Katcha Peshi.
----------------
(Notice issued to DPO Hyd through D.J Hyd. For 13.3.2008).
13.3.2008.
Mr. M. B. Shakeel, Advocate for the petitioner.
Mr. Habib Ahmed, A.A.G alongwith Imran Shoukat, DPO, Hyderabad & Aamir Khaskheli, Inspector, Hyderabad.
------------------
The petitioner’s husband detenue Muhammad Islam on 19-1-2008, went to Hyderabad from Tando Adam did not return back to his house, despite of hectic search detenue could not be traced, on 27-1-2008, petitioner came to know that Hyderabad police had raided the house of the petitioner in her absentia, removed household articles alongwith the box lying therein, serious allegations were leveled against the respondents for taking law in their hands to release the detenue from custody, so much so that a news was published in newspaper circulating at Karachi about the alleged arrest of the detenu, husband of the petitioner which has given rise to a cause of action to invoke constitutional jurisdiction with the following prayers:-
(A) In view of the above submissions, it is most humbly prayed that this Honorable Court may graciously be pleased to direct the respondents for the production of the aforementioned detenue before this Honorable Court and the detenue may kindly be ordered to be set at liberty forthwith.
(B) That it is further prayed that direction may also be given respondents that if any FIR against the petitioner husband detenue in the entire province or country may also be pleased to submit in the interest of justice.
(C) In further prayed that this Honorable Court may graciously be pleased to direct for registration of case against the concerned functionaries of the police who have committed gross violation of the Law of the constitution
(D) The petitioner also prays for the grant of any other relief to which he is found entitled by this Honorable Court in law justice and equity keeping in view the facts and circumstances of the case.
Consequent upon the filing of the petition, in view of the order dated 25-2-2008, learned District Judge, Hyderabad had appointed a Magistrate to raid Hussainabad, Police Station detenue was not found. Consequent thereupon, it was disclosed by the petitioner that the detenu was in the custody of the DPO Hyderabad.
On behalf of the S.H.O. Police Station Makki Shah, District Hyderabad, parawise comments have been filed, which manifestly shows that detenue Muhammad Islam was arrested under F.I.Rs No.13/2008 under section 4 & 5 of Explosive Act 1908 read with section 6-F, 7, 9 and 11-B of Antiterrorist Act, 1997, and criminal case No.14/2008 under section 13-D Arms Ordinance, which were registered at Makki Shah Police Station Hyderabad on 16.2.2008.
It is averred that after registration of FIR detenue was handed over to Investigating Officer Makki Shah Police Station for conducting investigation was produced before concerned court of law on 4.3.2008. On conclusion of the investigation, the challan against the detenue has been submitted before the competent forum for adjudication of the cases on merits, at present detenu/accused is in jail custody.
We have considered the arguments advanced at bar as well as documents placed on record by the Respondents, which manifestly suggest about the registration of the cases against the detenue, which shall be decided by the competent forums in accordance with law.
In any view of the matter, the petition has achieved its purpose and the prayers sought stood resolved, no further action is warranted.
Mr. M.B. Shakeel, learned counsel for the petitioner seems to be satisfied from the above state of affairs, therefore, C.P.No.D-257/2008 hereby stands disposed of.
Judge
Judge