ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P. No.D-2235 of 2010.

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on M.A. No.8497/10.

2. For Katcha peshi.

11.01.2011

Mr. Muhammad Ashique Dhamraho and Mr. Rashid Mustafa Solangi advocates for petitioner.

Mr. Altaf Hussain Surahiyo, State Counsel.

-.-.-.-.-.-.-

The petitioner has claimed highhandedness and maltreatment at the hands of the official respondents and illegal detention of detenue namely Samano, Manzoor, Abdul Qadir, Abdul Razak and Khudadad by respondents No.1 & 3. It is contended that on account of incident with respondent No.3, the petitioner was seriously beaten and the detenues were arrested without any lawful authority on 26.11.2010.

On 29.11.2010, the SHO PS Shahdadkot was directed to produce both the detenues namely Khudadad and Abdul Razak before the Medical Officer, Shahdadkot for examination and treatment. The DPO, Kamber-Shahdadkot was also directed to ensure release of the detenues named above from the wrongful confinement of police and to produce the detenues in Court on 02.12.2010. The Medical Superintendent, Chandka Medical College and Hospital, Larkana was also directed to examine the petitioner Ali Dost and issue such medical certificate in this regard.

Pursuant to such directions respondents have filed their comments, wherein it has been intimated that FIR No.237, 238, 239 and 240/2010 have been registered on 27.11.2010 against Abdul Qadir and Abdul Razak at Police Station Shahdadkot. It is further intimated that both the accused persons named hereinabove were in police remand since 27.11.2010 to 29.11.2010 and were remanded in judicial custody by the Magistrate on 30.11.2010. It has been pointed out by the counsel for petitioner that detenue Samano, Manzoor and Khudadad were released by the police only after notice by this Court. Learned counsel for the petitioner has produced the Medicolegal certificate in respect of petitioner issued by police surgeon on 01.12.2010, wherein it has been mentioned that the petitioner has fracture on his nose and such injury has been declared as Shujae Hashimah. Learned counsel for the petitioner has also placed on record the Medicolegal certificate dated 30.11.2010 in respect of Abdul Razak and Abdul Qadir, wherein it has been mentuioned that both the detenue/accused sustained injuries i.e. Jurh Ghyr Jaifah Damiah. It is further stated that the petitioner and the accused persons have been falsely implicated by the police and were maltreated during police remand, as evident from the Medical Certificate. Learned counsel states that the above named persons have been nominated in fake FIRs, who will defend their cases before the Court of competent jurisdiction as per law. However, he states that an enquiry may be directed to be conducted against the police officials for maltreating the petitioner and the detenues.

Keeping in view the hereinabove facts and that serious allegations of maltreatment and highhandedness against the police officials in the instant petition, we would direct Mr. Anwar Ali Gopang, DSP, Headquarter, Shikarpur to conduct an impartial enquiry after associating the petitioner and submit report within ten days, and if, the allegations as contained in the petition are found to be correct, appropriate action against the delinquent officials may be recommended, where-after the concerned official shall take strict action against the delinquent police officials in accordance with law and submit compliance report to Additional Registrar of this Court within fifteen days after the submission of the enquiry.

The petition stands disposed of in the above terms.

Judge