ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Constitutional Petition No.D-25 of 2010

                                                                                                                   Date                       Order with signature of Judge                           

1.For order on Office Objection a/w reply.

2.For Katcha Peshi.

04.02.2010.

Mr. Ghulam Shabbir Babar, Advocate alongwith the petitioner.

Mr. Faridul Hassan Abbasi, AAG alongwith ASI Muhammad

Ramzan of P.S. Ghambat.

Mr. Behram Khan Ujjan, Advocate.

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          The SHO of P.S. Ghambat has submitted a report that the alleged detenue was not recovered from Ghulam Nabi Ujjan. Such report is kept on record.

Mr. Behram Khan Ujjan, Advocate has voluntarily appeared in Court and stated that the police have raided his own house in Khairpur. Apparently the report which has been filed by the SHO shows that the house of Ghulam Nabi Ujjan was searched by him and not that of Mr. Behram Khan Ujjan.

Mr. Behram Khan Ujjan, Advocate states that the alleged detenue has come from Azad Kashmir and visited his office and requested that she may be provided protection. He states that upon her request he has arranged to have her lodged at Panah Shelter Home and that subsequently he has assisted her in having her statement recorded before the Xth Civil Judge & Judicial Magistrate, Karachi Central and arranged her to leave the Panah Shelter Home with Fayyaz who stated to be brother in law of the alleged detenue. The counsel further states that one Inayat Hussain is a painter while Fayyaz is a plumber and both were working in his house at R-50, Rehman Villas, Sector 38-A, Scheme No.33, University Road, Gulshan-e-Iqbal Town, Karachi.

The petitioner states that he has visited the office of Mr. Behram Khan Ujjan, Advocate number of times and ultimately Mr. Behram Khan Ujjan, Advocate has agreed to provide him assistance in having access to his daughter and has asked him to pay Rs.200,000/-. Mr. Behram Khan Ujjan, Advocate admits that he has asked the petitioner to pay him Rs.200,000/- for arranging access to his daughter but states that such money was for meeting expenses of traveling as he states that the daughter of the petitioner, the alleged detenue, is at Rawalpindi. He states that this information that the alleged detenue is at Rawalpindi was conveyed to him by the alleged detenue herself and her husband on telephone.

          It appears that the alleged detenue and her husband are in contact with Mr. Behram Khan Ujjan, Advocate and he also seems to be having their confidence and Mr. Behram Khan Ujjan states that perhaps he may prevail upon the alleged detenue and her husband to come over to Karachi and appear before this Court.

In these circumstances Mr. Behram Khan Ujjan, Advocate is asked to contact the alleged detenue and her husband and to arrange her presence before the Court on the next date. If any expenses in this regard are incurred by Mr. Behram Khan Ujjan, Advocate, the Court will pass an appropriate order on the next date.

          Adjourned to 11.02.2010. To be taken up at 11:00 a.m.

    J U D G E

       J U D G E

Aamir/PS