ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P. No.383 of 2011.

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection Flag ‘A’.

2. For Katcha Peshi.

23.2.2011.

Mr. Faiz Muhammad Larik advocate for petitioner.

Mr. Abdul Hamid Bhurgari, Addl. A. G assisted by Mr. Ameer Ahmed Narejo, State Counsel.

Deedar Ali Khoso, the petitioner is produced by ASI Mumtaz Ali Chandio, Investigating Officer of PS Mehar.

Inspector Abdullah Lakhair, SPO Mehar and SIP Barkat Ali Korai, SHO PS Mehar present.

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On 22.2.2011, urgent application moved by learned counsel for the petitioner, the matter was taken up for hearing. Learned counsel for the petitioner stated that the petitioner, who was present in Court on 21.2.2011 was arrested by SIP Barkat Ali Korai, SHO PS Mehar and has been subjected to serious maltreatment and detained in Police Station Mehar, without any lawful excuse. Apprehension was also shown that he might be killed or involved in false cases. In view of such contention, the Civil Judge and Judicial Magistrate, Mehar was appointed as Commissioner to conduct raid at Police Station Mehar and to verify contention of the learned counsel for the petitioner. He was further directed to recover Deedar Ali son of Ali Hassan Khoso, if found in legal confinement from Police Station Mehar, the DPO Dadu was also directed to produce Deedar Ali in Court today. Today the SHO PS Mehar along with other police officials is present in Court and has produced Deedar Ali in handcuffs. He has also filed comments along with copies of the various FIRs as detailed in the comments pending against the petitioner namely Deedar Ali, his father and other relatives. He has also produced copies of FIR No.46/2011 registered at Police Station Mehar on 16.2.2011, under section 324, 353, 402, 399, PPC, wherein the petitioner namely Deedar is nominated. He has also placed on record FIR No.52/2011 registered at Police Station Mehar on 22.2.2011 under section 17(3), Offences Against Property, (Enforcement of Hudood) Ordinance, 1979, 342, PPC against petitioner at the instance of complainant namely Abid Hussain, who is also present in Court. The SHO present has also filed the medical certificate in respect of the petitioner, wherein the injuries inflicted upon the petitioner are mentioned, however, it has been held that the same are Jurh Ghyr Jaifah Damiah.

The petitioner Deedar Ali present in Court has complained about severe beating at the hands of SIP Barkat Ali Korai, SHO PS Mehar. He has also shown such injuries allover his body. Learned counsel for the petitioner states that in order to cover up illegal detention of the petitioner, FIR No.52/2011 has been managed. He further submitted that involvement of the petitioner in other criminal cases does not give a license to the police officials to maltreat petitioner and involve him in false cases at the behest of the private respondents.

It has transpired that the petitioner is required in number of cases which are pending before the competent Courts of jurisdiction. As regards his arrest in FIR No.46/2011 and in 52/2011, registered at Police Station Mehar, the mashirnama prepared by the Investigating Officer reflects that the petitioner was arrested by him in connection with such crimes. The learned Addl. A. G states that the instant petition has been filed to protect the petitioner from legal action by the respondents. Whereas the allegations, on the facts and circumstances of the case, against the official respondents appear to be incorrect. It has been further stated that the official respondents are proceeding in accordance with law. Learned counsel for the petitioner states that he will defend the cases registered against the petitioner in accordance with law before the appropriate Courts, however submits that such cases have been concocted by the police and the petitioner has been falsely implicated in such cases. He further states that the maltreatment by the concerned SHO is apparent, hence enquiry in this regard may be directed to be conducted by some honest police officer and if police officials are found to be guilty, strict action against them shall be taken in accordance with the law. To this submission learned Additional A. G extends his no objection.

Accordingly, the instant petition is disposed of with the direction to DIGP, Hyderabad to get an enquiry conducted into the allegations contained in this petition against the SHO Police Station, Mehar and if he is found guilty, strict action in terms of Police Order 2002 shall be taken. Where-after the compliance report shall be submitted to this Court through Additional Registrar within fifteen days. The SHO present in Court is cautioned not to cause any harassment or to maltreat petitioner, failing which he shall expose himself to adverse orders by this Court as well.

Petition stands disposed of in the above terms.

Judge