ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.    P.   No.S-316      of  2011.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

15.03.2011.

1. For orders on office objections.

2. For Katcha Peshi.

Mr. Rashid Mustafa Solangi, advocate for the petitioners.

Mr. Altaf Hussain Surahio, State Counsel, alongwith SIP Saeed Ahmed Jumani, ex-S.H.O. PS Thul, at present posted as S.H.O. PS City, Jacobabad and complainant Madad Ali Buriro.

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                   Through instant petition, the petitioners complained about the high handedness of the police officials, who as per allegations, raided the house of petitioners without any F.I.R. or any case against them and took away a motorcycle and a licensed gun. 

                   Notices were issued to the respondents, pursuant to which the official respondents filed their statements alongwith affidavits, wherein the allegations have been denied. 

                   Since there were specific allegations against the S.H.O. PS Thul, namely, SIP Saeed Ahmed Jumani, therefore, he was directed to be present in person and submit his reply.  Today, SIP Saeed Ahmed Jumani, who is presently posted at PS City, Jacobabad, is present in person and has filed his reply/statement, wherein he has denied the allegations as contained in the instant petition.  It has been stated that the close relatives of the petitioners are involved in crime No.129/2010, under Sections 365-B, PPC, which was registered on the complaint of one Madad Ali Buriro against accused Baran alias Daho, Ibrahim, Mehrab, Doulat and Yar Muhammad, for abduction of the daughter of the complainant. 

                   Today, complainant of F.I.R. No.129/2010, namely, Madad Ali Buriro is also present in Court and stated that the petitioners present in Court are involved in the instant crime, as, according to him, they demanded ransom money for the release of the abductee, whereas an amount of Rs.80,000/- was paid to the petitioner No.1 Khair Muhammad, who inspite of having received such amount is not releasing the abductee. 

                   To this submission, the learned Counsel for the petitioners submitted that whatever has been stated by the complainant Madad Ali Buriro does not reflect from record of this case; moreover, the petitioners are not nominated in the F.I.R. mentioned by the complainant present in Court.

                   In view of peculiar facts and circumstances of this case, I am of the view that an impartial enquiry into the allegations and counter-allegations may be conducted by some independent and impartial police officer, as the controversial facts cannot be examined by this Court in its constitutional jurisdiction. 

                   Accordingly, by consent of both the learned Counsel, D.I.G. Police, Larkana is directed to get an enquiry conducted by some honest police officer preferably Mr. Anwar Ali Gopang, DSP Headquarter, Shikarpur (as suggested by both the Counsel) into the allegations of the petitioners as well as complainant of F.I.R. No.129/2010 of PS Thul.  However, if during the enquiry, the allegations against the police officials as well as the petitioners are found to be correct, action in accordance with law shall be taken against such persons i.e., either an action against the delinquent officials in terms of Police Order, 2002 be taken or supplementary challan against the petitioners, if found involved in the alleged offence, be submitted in Court in Crime No.129/2010, as per law.  Compliance report shall be submitted within 15 days through Additional Registrar of this Court. 

                   The petition stands disposed of in the above terms.

                                                                                                JUDGE