IN THE HIGH COURT OF SINDH AT KARACHI
C.P.No.D-4409 of 2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE |
1. For order on Misc.
No. 19528/2024 (U/A)
2. For order on office
objection No.3
3. For order on Misc.
No. 19529/2024 (Exemp)
4. For order on Misc.
No. 19530/2024 (Stay)
5. For hearing of main
case
11.09.2024
Mr.
Musharraf Azhar advocate for the petitioner
-.-.-.-.-.-.-.
1.
Urgency granted.
3. Exemption application is granted
subject to all just exceptions.
2,4&5. Through
this petition, the petitioners have prayed for the following reliefs:
A.
Direct respondents
to constitute a special team of impartial senior police officers to conduct a
thorough and unbiased inquiry into the incident of abuse of power and against
the police officials involved mainly Respondent No. 9, 10 & 11.
B.
Pass restraining
order against the respondents, specifically the police official Respondent
No.9, 10 & 11 and their agents, subordinates or any person acting on their
behalf and prohibiting them from any form of contact, harassment or intimidation
directed towards the petitioners pending the outcome of the inquiry.
C.
Direct the
concerned authorities to provide adequate protection to the petitioners to
safeguard their physical and psychological well being against any potential
retaliation or harm during and after the inquiry process.
D.
Take appropriate
legal action against the implicated officials (Respondent No.9, 10 & 11) in
accordance with law.
E.
Any other relief
this Honorable Court deems fit and appropriate.
Counsel for the petitioners submits
that excess is committed by the police authorities in relation to their functions
and duties and prayed that inquiry may be ordered to be conducted through
senior police official relating to highhandedness of the police officials.
Counsel for the petitioners was asked to satisfy the Court as to how this
petition is maintainable when alternate remedy in terms of Section 22-A(6) Cr.P.C is available to the petitioners. Counsel for the
petitioners submits that he has made an application to SSP Central. It appears
that alternate remedy is available to the petitioners to exhaust. Section 22-A(6) provides as under:
22-A(6) An ex-officio justice
of the Peace may issue appropriate directions to the police authorities
concerned on a complaint regarding:
(i) Non-registration of criminal case;
(ii) Transfer of investigation from one
police officer to another; and
(iii) Neglect, failure or excess committed by a police
authority in relation to its functions and duties.
It is very much clear that in
case of neglect, failure or excess committed by the police authority in
relations to its functions and duties, an Ex-Officio Justice of Peace may issue
appropriate directions to the police authorities on the complaint and
admittedly such remedy has not been exhausted by the petitioners.
In the view of alternate
remedy, this petition is not maintainable, the same is dismissed. Petitioners
may approach Ex-Officio Justice of Peace for seeking directions to the
concerned police officials in relation to the excess committed by them.
JUDGE
JUDGE
Wasim
ps