ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P. No.D-16 of 2011.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

25.01.2011.

1. For orders on M. A. No.344/2011.

2. For Katcha Peshi.

3. For orders on M. A. No.56/2011.

4. For orders on M. A. No.57/2011.

Mr. Habibullah G. Ghori, advocate for petitioners.

Mr. Abdul Hamid Bhurgri, Addl. A. G., assisted by Mr. Altaf Hussain Surahio, State Counsel.

Respondents No.1 to 5 are present in person.

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Through instant petition, the petitioners, who claim to be family servants in the bungalow of Agha Khan Jatoi, situated in Village Thariri Chhutto, Taluka Larkana, complained about the high handedness of the law enforcing agencies. It has been alleged that in retaliation to killing of some police officials by some unidentified persons, on 31.12.2010, the respondents No.1 to 6 alongwith huge police contingencies, raided the village of the petitioners and arrested Agha Khan Jatoi and his son Aamir Zaib Jatoi and took them to some unidentified place. It has been further stated that the entire village and the house of Agha Khan Jatoi was ransacked by the police officials in order to pressurize them to produce the killers of the law enforcing agencies’ personnel. It has been further alleged that the entire village is under siege of the law enforcing agencies and the petitioners and other villagers are not being allowed to move, so much so that the medical facilities are not being provided to the wife of Agha Khan Jatoi and other ailing persons.

On 04.01.2011, the learned Single Judge of this Court was pleased to direct the respondent No.8 to produce the alleged detenue mentioned in the petition in this Court on 11.1.2011. On 11.1.2011 the official respondents filed their comments and affidavits, wherein the allegations contained in the petition were denied. It was further intimated that two criminal cases i.e., crime No.14/2003, under Sections 353, 337-A(i), PPC at P.S Dhamrah and F.I.R. bearing crime No.107/2009, under Sections 302, 364, 148, 149, 114, 506/2, 337-H(2), PPC, at P.S Ratodero, have been registered against Agha Khan Jatoi and Aamir Zaib Jatoi, wherein both the persons have been declared as absconders.

In order to verify the allegations, as contained in the petition, on 11.01.2011, Mr. Saleem Shaikh, Deputy Registrar of this Court, was directed to visit the site i.e., the village of the petitioners and submit his report. D.P.O., Larkana was also directed to provide necessary escort to the commissioner and the matter was adjourned to 12.1.2011. On 12.1.2011, Saleem Shaikh, Deputy Registrar of this Court, submitted his compliance report, wherein it was mentioned that the deployment of the police and law enforcing agencies was not found in the village of the petitioners, however, the villagers available at the site informed that the police was deployed in the entire village, who have left the site before his arrival. While visiting the house of Agha Khan Jatoi, it was seen by the commissioner that the household articles were lying in broken condition and there was mark of bullet on television screen, which according to commissioner reflected that the house was ransacked. Under the circumstances, R.P.O., Sukkur was directed to investigate into the matter, conduct an enquiry and submit his report within week’s time and He was further directed to find out the whereabouts of the alleged detenues and if they were arrested by police in connection with some crime, they were directed to be produced in Court on the next date of hearing.

Today i.e., 25.1.2011, when the matter was taken up for hearing, the learned Addl. A. G. Sindh has drawn attention of this Court to the enquiry report of Ameer Abdullah Khan Niazi, PSP/S.P. Investigation, Larkana dated 19.1.2011, wherein it has been reported that no such raid as alleged by the petitioner was conducted nor the house of alleged detenues Agha Khan and Aamir Zaib Jatoi was raided by the respondents. In such enquiry report reference to order of attachment dated 23.11.2010 under Section 87, Cr.P.C passed by the learned Civil Judge & Judicial Magistrate, Ratodero in Crime No.107/2009 of PS Ratodero against Aamir Zaib and others and another order of keeping the case against Aamir Zaib Jatoi on dormant file dated 03.11.2006 passed by the Civil Judge & Judicial Magistrate-I, Larkana in crime No.14/2003 of PS Dhamrah, has also been made. It has been concluded in such enquiry report that Agha Khan Jatoi and Aamir Zaib Jatoi deliberately went underground and they have not been arrested by Larkana Police.

Learned Counsel for the petitioners has also drawn our attention to the affidavit filed by one Muhammad Saleem son of Hadi Bux Khan, who claims to be brother of Agha Khan Jatoi and has stated that Agha Khan Jatoi and Aamir Zaib Jatoi are in illegal confinement of the respondents, as their arrest was witnessed by large number of villagers and the media personnel. It has been further stated that Agha Khan Jatoi is an aged person, who is sufferent from heart ailment and needs medical treatment. Counsel for the petitioners states that there is serious apprehension and threat to the life and safety of Agha Khan Jatoi and Aamir Zaib Jataoi, and has requested that the respondents may be directed to produce the above-named persons in Court on the next date of hearing.

On a query of this Court, the learned Counsel for the petitioners submitted that the relatives of the alleged detenues could not file the instant petition for the production of the alleged detenues that on account of seizure of the entire village by the police officials, hence they were restrained from approaching this Court for such purpose.

It appears that though, allegations of illegal detention of the co-villagers by the police officials have been made in the instant petition, however, no name or particulars of such alleged detenues have been mentioned. It further appears that registration of F.I.Rs against the alleged detenues, namely, Agha Khan Jatoi and Aamir Zaib Jatoi has not been denied by the petitioners, nor the incident where couple of personnel of law enforcing agencies were killed by some unidentified persons in the locality of the petitioners’ village has been denied. Before this Court, there are two versions from both the sides, however, no substantial material has been brought on record to enable us to reach at proper conclusion at this stage. The report submitted by S.P., Investigation, Larkana appears to be sketchy, which is not supported by any material or evidence, hence cannot be relied at the moment.

Every citizen of this country, though may be required in any criminal case, is entitled to due process of law. If the whereabouts of any such citizen are not known, it is the duty of the State to find out their whereabouts, ensure their well-being, and if such persons are required in any criminal case, to produce them before the competent Court of justice, strictly in accordance with law.

Since the whereabouts of the alleged detenues are not known, and there are serious allegations against the police officials, we would direct the R.P.O., Sukkur to look into the matter personally, conduct an impartial enquiry and also make efforts to procure the attendance of the alleged detenues before the Court of law, where they are required in criminal cases.

Such exercise may be concluded within 15 days and the report may be submitted to this Court through the Additional Registrar. If, in such enquiry, it is found that the alleged detenues were kept in illegal confinement by any of the law enforcing agency, strict action against such delinquent officials may be taken in terms of the Police Order, 2002, whereafter compliance report may be submitted to this Court through Additional Registrar.

It is, however, clarified that the efforts to trace out the alleged detenue shall continue unless they are produced before any Court of law.

Petition stands disposed of in the above terms.

JUDGE