ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P.     No.455  of  2010.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection as Flag ‘A’.

                                                2. For katcha Peshi.

09.4.2010

Mr. Sarfraz Khan Jatoi advocate for petitioner

Mr. Azizul Haq Solangi Asstt. A. G a/w PSI Muhammad Hanif Maitlo on behalf of DPO Larkana.

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                        Respondent No.2 has filed his statement which is taken on record. Mr. Jatoi, learned counsel for the petitioner has contended that the respondents have shown false encounter in which son of the petitioner namely Ghulam Hussain was killed in the alleged encounter. The respondents No.2 in his comments filed two FIRs bearing Crime No.10 & 11 of 2010 registered at Police Station Hatri Ghulam Shah showing encounter with the petitioners side and it is admitted fact that one person has lost his life and two were injured during the encounter as alleged by the respondent No.2.

                        Learned counsel for the petitioner prays as under :

a) That this Honourable Court may graciously be pleased to direct the respondent No.1 to take down the statement of petitioner and to act in terms of section 154, Cr.P.C and if a cognizable offence is made out from the statement of petitioner, the same be incorporated into the book under section 154, Cr.P.C.

b) Award costs of the petition.

c) Any other equitable relief be granted to the petitioner.

            Learned counsel for the petitioner contended that registration of FIR is right of every citizen and he has relied upon the cases of Gaman versus S.H.O Datar Dino, Police Station New Foujdari, Shikarpur and 2 others 1993 P.Cr.L.J 1286, Human Rights Case No.3212, decided on 6^th July, 2006  SCMR 1547, Mrs. Ghanwar Bhutto and another versus Government of Sindh and another PLD 1997 Karachi 119, Qazi Muhammad Javed versus Senior Superintendent of Police Gujranwala and 8 others PLD 1998 Lahore 214 and Jamshed Khan and another versus Government of Sindh through Secretary Home Department, Karachi and 2 others 1999 P.Cr.L.J 512.

                        In Human Rights Case No.3212 of 2006, decided on 6^th July 2006 (Supra), the author of this case is Honourable Chief Justice of Pakistan, who in this has held as under :

“Let this case remain pending and I.G Police shall submit report personally after every week in respect of the progress of the case and even after the submission of challan it would be his responsibility to ensure that evidence is produced if ultimately evidence is not available then it would be the liability/responsibility of the police department to compensate her in any manner whatever they deem fit, under the circumstances. In the meanwhile I.G Police shall take strict disciplinary action against officers/officials who are responsible for not registering the case ultimately after the happening of the incident as this Court observed time and again that it is the duty of the police to register the case without any delay and submit challan as far as possible within the period of fifteen days in terms of section 173, Cr.P.C. Reference in this behalf  may be made to Hakim Mumtaz Ahmed and another v. The State PLD 2002 SC 590.”

                        Learned counsel for the petitioner contended that the respondents with malafide intention and ulterior motive shown the fake encounter, in fact there was no encounter between the police and the petitioner’s side but the police has managed all these facts in order to save their own skin. In the circumstances, learned counsel contended that the FIR of the petitioner may be registered and may be enquired into upon.

                        Mr. Azizul Haq Solangi, learned Asstt. A. G contended that there was an encounter between the police and culprits when the police party was tracking foot prints  and chasing the culprits there was an encounter between the police and culprits in which one person namely Ghulam Hussain son of Ghulam, Pervaiz son of Moula Bux and Pervaiz son of Janoo were sustained injuries and Ghulam Hussain has lost his life and the police has recovered abductee namely Faheem Ahmed Tunio and Abid Ali Tunio and so also crime weapons were also recovered from the possession of the injured and dead accused. He further contended that two FIRs were registered against petitioner and his relatives and the petitioner in order to save his skin has filed this petition with malafide intention and ulterior motive and in order to pressurize the police not to take action against the culprits. He lastly contended that if the FIR of the petitioner is registered against the police officials ultimately the police will  unable to take action against the dacoits and law order situation will be created in the area.

                        I have considered the submissions of the learned counsel for the respective parties and have gone through the material placed on record.

                        It is right of every citizen that if cognizable offence is made out then the police is bound to register the case and to investigate the same to ascertain the false and truth of information. The Honourable Supreme Court of Pakistan time and again has held that when a person has approached to the police for registration of FIR, it is duty of police to register FIR and investigate the case. It is common complaint these days that the Police Officers through the transgression of their authority become negligent and violate the law by not registering the criminal cases with respect to cognizable offence. In the circumstances, I direct the SHO Police Station Hatri Ghulam Shah to record the statement of the petitioner, if any cognizable office is made out then he shall incorporate the same in 154, Cr.P.C book.

                        With the above observation, this petition is disposed of.

Judge