ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.    P.   No.S-481      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. Mus’ab Baleegh Dhamrah, advocate for petitioners, alongwith petitioners.

Mr. Abdul Rasheed A. Soomro, State Counsel, alongwith SIP Muhammad Ameer Pathan, S.H.O. PS K. N. Shah and HC Haji Khan of PS K.N. Shah.

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                   Through instant petition, petitioners have complained about high handedness of police, who, as per petitioners, illegally detained the petitioners at P.S K. N. Shahfor about 10 hours, robbed them of an amount of Rs.85,200/- and later-on released them in the night blindfolded at bypass of K. N. Shah by issuing threats that if petitioners will not sell their land as per the desire of S.H.O. PS K. N. Shah, they will be killed by showing fake police encounter.

                   Notices were issued to respondents as well as Addl. A. G., pursuant to which D.P.O., Dadu and S.H.O. PS K. N. Shah/respondent No.1 have filed comments alongwith annexures, which were taken on record; copies whereof were supplied to learned Counsel for the petitioners. 

                   When enquired into allegation of illegal acts as mentioned in the petition, the S.H.O. PS K. N. Shah replied that on an application moved by one Zaffar Ali and Muhammad Bux, who claim to be owners in respect of land bearing survey No.93 of Deh Bawan, Taluka K.N. Shah, he called the petitioners to enquire about the dispute between the petitioners and the complainant. 

                   To this submission, the learned Counsel for the petitioners stated that in order to save his skin, the respondent No.1 has concocted a false story, whereas he has deprived the petitioners of cash, as mentioned hereinabove, maltreated them, detained in illegal confinement, obtained signatures on blank papers and also issued threats to the life of petitioners.  Per learned Counsel, he is still pressurizing the petitioners to sell out such land, which belongs to the petitioners.

                   Since, in the instant petition, the title or possession over subject land cannot be decided, however, the high handedness on the part of the police officials cannot be ignored.  Petitioner has claimed protection in accordance with law.  From perusal of the comments filed by the S.H.O. PS K. N. Shah, it appears that he has transgressed his authority by calling the petitioner to police station without an F.I.R. or cognizable complaint against him.  However, since there are counter-versions and disputed facts, which cannot be resolved by this Court in constitutional jurisdiction, therefore, Mr. Anwar Ali Gopang, DSP Headquarters, Shikarpur, is appointed as enquiry officer, with directions to conduct an enquiry into the allegations mentioned in the instant petition against the respondent No.1. If allegations against the delinquent official are found to be correct, the D.P.O., concerned shall take strict action against him in accordance with Police Order, 2002, whereafter, compliance report shall be submitted within 15 days to this Court through the Additional Registrar.  The respondent No.3 is directed to provide legal protection to the petitioners as per law.

                   Petition stands disposed of in the above terms.

                                                                                                JUDGE