ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. D- 639 of 2010.

Date	Order with signature of Judge

For Katcha Peshi.

20.04.2010.

Mr. Habibullah Ghauri, Advocate for applicant.

Mr. Fida Hussain Shah, State counsel alongwith SIP Ali Nawaz Panhwar SHO P.S Mehar and SIP Syed Gambal Shah S.I.O P.S Mehar.

~~~

In response to order dated 19.04.2010, Mr. Abid Hussain Qazi, P.S of this Court conducted raid over P.S Mehar. According to report of commissioner except one Akbar all the detainees named in the petition were found in wrongful confinement at police station. The detainees present in Court, state that they were arrested by SIP Syed Gambal Shah and DSP Shamasuddin Magsi on 16.4.2010.

Learned counsel for petitieonr states that detainee No.2 Mohammad Essa was on protective bail granted by this Court, even then SIP Gambal Shah arrested and detained him at police station. Learned counsel also produced copy of order dated 26.01.2010, passed by this Court in connection with C.P. No. S- 17/2010, whereby this Court specifically directed police of Mehar and Khairpur Nathan Shah not to arrest petitioner Allahdino and his sons, unless there is some prima facie material/ evidence collected during investigation to connect them in the offence, however according to him inspite of that sons of said Allahdino were arrested and detained wrongfully.

S.I.P Syed Gambal Shah has filed his statement to the effect that he had arrested only Safar Khaskhelli on 19.04.2010 at 1800 hours and he has produced such mashirnama. However perusal of record shows that said Safar Khaskhelli is not arrayed as detainee in this petition.

The commissioner’s report is self explanatory, which shows that detainees were found in wrongful confinement at P.S Gerello, who according to them were arrested and detained by S.I.P Syed Gambal Shah SIO P.S Mehar and DSP Shamasuddin Magsi. In the circumstances, D.P.O, Dadu, is directed to register F.I.R against SIP Syed Gambal Shah SIO P.S Mehar and DSP Shamasuddin. The D.I.G. Police, Hyderabad, is however directed to entrust investigation of such F.I.R to Mr. Sirajuddin D.S.P Qasimabad, Hyderabad, who shall submit his report under section 173 Cr.P.C. to concerned Court within three weeks with its copy to this Court.

With these observations this constitutional petition stands disposed of.

Judge