ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. D- 660 of 2010.     

Date	Order with signature of Judge

For Katcha Peshi.

18.05.2010.

                        Messrs Sarfraz Khan Jatoi and Shamasuddin Abbasi Advocates for petitioner.

                        Mr. Abdul Hamid Bhurgri, Addl. A.G. alongwith Mr. Junaid Ahmed Shaikh, D.P.O Kamber-Shahdadkot and Mr. Aijaz Tareen, S.P Investigation, Kamber-Shahdadkot.

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                        In response to order dated 11.05.2010, DPO and S.P Investigation, Kamber-Shahdadkot have filed their statements, which are taken on record. Learned counsels for petitioner have also filed statement, which is taken on record. With their statement, the learned counsels for petitioner have produced photocopy of report of commissioner appointed by learned Sessions Judge, Kamber-Shahdadkot, for recovery of detainees, namely, Mohammad Azeem, Mohammad Alam, Ali Dost, Deedar and Fida Hussain; who have also been arrayed as detainees in this petition. Perusal of report of commissioner shows that, raid was conducted on 15.5.2010, at Police Post Patuja Regulator of P.S Qubo Saeed Khan, where out of five detainees, four were found detained and ultimately they were released.

                        The District Police Officer and S.P Investigation Kamber-Shahdadkot, in their statements have stated that they have enquired into the matter on their own and have come to the conclusion that Inspector Ubedullah Jagirani SPO Kamber, S.I.P Aijaz Ali Magsi SHO P.S Qubo Saeed Khan and Inspector Meeran Khan Durrani SHO P.S Kamber, are responsible for all this and that they have been placed under suspension and departmental action/ enquiry is following.

                        Messrs Jatoi and Abbasi contended that one person, namely, Deedar son of Mohammad Chakar Mugheri is still missing and is under custody of police. However, D.P.O and S.P Investigation Kamber-Shahdadkot deny this allegation of learned counsels for petitioner. Learned counsel have also contended that since the detainees have severely been maltreated by the police, therefore, they may be referred to Medical Superintendent, CMC Hospital, Larkana, for their medical examination, treatment and certificate/ report. Order accordingly. The Medical Superintendent, CMC Hospital, Larkana, is directed to submit his report within two weeks.

                        We observe that the above named three police officers are responsible for the illegal detention of the detainees. Apart from departmental action, we direct D.P.O Kamber-Shahdadkot to lodge F.I.R of the petitioner against said police officers and S.P Investigation Kamber-Shahdadkot Mr. Aijaz Tareen is directed to investigation such case himself and submit report under section 173 Cr.P.C. before the concerned Court.  As it has been observed that said three police officers are responsible for illegal detention of detainees, therefore, we direct them to pay compensatory cost of Rs.25000/- each, to the detainees, which shall be deposited with Additional Registrar of this Court within thirty days. In case if they fail to deposit such amount, the D.P.O Kamber-Shahdadkot is directed to deduct such amount from their salaries and to deposit the same with Additional Registrar of this Court.

                        The D.P.O Kamber-Shahdadkot is directed to locate/ recover detainee Deedar son of Mohammad Chakar Mugheri and produce him before this Court within two weeks. He is also directed to submit report regarding departmental action taken against delinquent police officers.

                        With these observations instant petition stands disposed of.

                                                                                                            Judge

                                                                        Judge