ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. No:  D- 38 of 2011.

Date                          Order with signature of judge.

For Katcha Peshi.

01.03.2011.

Mr. Ali Nawaz Ghanghro, advocate   alongwith applicant and abductee Imtiaz.

Mr.  Altaf Hussain Surahio,   State Counsel for AAG alongwith SIP Nabi Bux, SHO P.S  Bhittai Colony.

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                        Pursuant  to Court notices, the SHO  P.S Bhitai Colony is present in Court  and denies all the allegations and has also filed statement to this effect alongwith copy of FIR No.08.2011  and challan which  are taken on record, copy whereof  has been supplied to the learned counsel for the applicant.  

                        Learned counsel for the applicant states that after  filing the instant  case before this court, the abductee  namely Imtiaz  Ahmed has been released  by police, who is present in Court.  On  a query  of this Court from alleged  abductee Imtiaz Ahmed, he has replied that he was wrongfully   detained  for about 11 days by the SHO  present in Court. He  has further stated  that a  motorcycle   and 16 goats  were also detained.  Motorcycle has been returned whereas 16 goats  are not being returned.  To this statement, the SHO  present in Court stated that there are 8 goats which were  found astray  and have been kept in cattle-pan   and will be  released  to the owner after  proper verification and identification whereas other allegations are false as he never detained the alleged abductee.   He further stated that according  to his information, such goats belong to the accused nominated in the FIR  attached alongwith the statement.

                        In view of serious allegations by the petitioner  and as per statement of alleged detainee present  in court,  the statement of the alleged abductee  namely Imtiaz Ahmed was  directed to be recorded with the assistant of Mr.Ahmed Bux Khoso, Advocate    as the abductee   could not speak   any language other than Balochi.  In his statement,  abductee Imtiaz   has  stated that on 16.02.2011 he alongwith motorcycle  and 16 goats was taken away by the police officials  including the SHO  present in Court and was kept  detained  for 11 days and thereafter  he has been released about three days back  alongwith his motorcycle  however, 16 goats have not yet been returned.

                        Learned A.A.G present in Court has  drawn attention of this Court  to the proceedings under  Article 134  of Police Order, 2002   initiated  by police in respect of  8 goats which were found astray.  He further stated that such  goats can be claimed by moving application  under article 135 of the Police Order 2002  to the concerned DPO  who after   proper  verification,  can pass the order for release of such goats.   

                        Learned counsel for the  applicant  states  that in view of the statement of the abductee Imtiaz, the averments made  in the instant Criminal Miscellaneous Application, are  found to be correct which requires strict disciplinary  action  against the delinquent  police officials. Learned counsel  furthers  stated that  as far as  release of the goats in terms of Police Order 2002,  the respondents may be directed to release the goats  to the applicant  after proper verification. 

                        To this submission  learned A.A.G  stated that directions may be issued to  the concerned DPO who shall pass appropriate order in terms of Article 135  of Police Order, 2002  within three days and release the goats  to the applicant /owner  after  proper verification and identification. 

                        To this proposal, learned counsel for the applicant   concedes  and states  that  he would be satisfied   and would not press this petition provided such directions are issued by this Court.

                        While taking the above facts inot consideration, it emerges that the  averments  made in the petition, particularly in view of the statement of the  abductee  Imtiaz   recorded in Court, appears  to be correct. However,  since  the allegations have been denied  by the SHO present in Court, therefore, scrutiny  of such controverted facts would not be possible in constitutional proceedings, therefore, it will be appropriate   if an independent   and impartial inquiry is directed to be conducted   by some honest police official to find out the truth.

                        Accordingly, by consent of parties, the instant petition   is dismissed as not pressed, however, with direction to the DIG Police Larkana to get an inquiry conducted into the allegation as contained in the instant petition, preferably by DSP Anwar Ali Gopang, as suggested by learned counsel for the petitioner,  who shall submit his report within 15 days through Additional Registrar of this Court.   If it is found  that the allegation contained in the petition are correct,   strict action in terms of Police Order, 2002 may be taken against the delinquent police officials and compliance report may be submitted through Additional Registrar of this Court within 15 days.   In the meanwhile,  the applicant shall approach  the DPO Kashmore at Kandhkot for the purpose  of seeking release of goats who shall pass appropriate order in terms of Article 135 of Police Order, 2002 within three days and submit compliance report  to that extent through Additional Registrar of this Court.   Office is directed to fax this order to the concerned DPO as well as DIG Police Larkana  for compliance.

JUDGE