ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Const. Petition No.D-2083 of 2011

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Date Order .with signature of Judge

For Katcha Peshi

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16.06.2011

Mr. Muhammad Ali Rind Advocates along with Petitioner

Mr. Sarwar Khan Addl. A.G alongwith Ashfaq Khan, DPO Badin, Manzoor Hussain SPO, SIP Khuda Bux Panhwar SHO P.S. Khoski, ASI Mohammad Essa P.S. Pangrio, HC Ghulam Mohammad Khaskheli, SHC P.S. Pangrio, ASI Abdul Ghafoor, Baboo Gogo SHO P.S. Khoski, PC Khadim Hussain P.S. Pangrio

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The grievance of the petitioner is that he purchased agricultural land situated at Tapo Pangriyo Taluka Tando Bago District Badin from one Gul Mohammad to the annoyance of Respondents No.12 to 14 who were interested in the land and had influenced over DPO Badin. On 08.06.2011, in the morning time when Petitioner along with his brothers and neighbours were present at his Agricultural land Respondents came there and started firing over them as a result Petitioner’s neighbour namely Sanaullah Magsi received injury. Thereafter the Respondent set standing sugarcane corps on fire, snatched cash Rs.500,000/- and after extending threats, taken away family members and one neighbour of the petitioner who are still missing and their lives are in danger at the hands of Respondents.

In consequent to notices issued by this Court, DPO Badin alongwith Respondents No.6 to 11 has effected appearance and have filed their respective comments, which are taken on record. DPO Badin states that neither any person has been wrongfully confined nor arrested by SHO / SPO as alleged in the petition except the persons named in para 4 of the comments nor any harassment was ever caused to the Petitioner and his family members. Learned counsel for the Petitioner shows his satisfaction if the petition is disposed of in the light of statement made by the DPO Badin and Mr. Siraj Lashari is directed to investigate the crime and grievances of the petitioner.

In the circumstances, we dispose of the petition in the following terms:-

1. Mr. Siraj Ahmed Lashari is appointed as Enquiry Officer/Investigating Officer to conduct enquiry into the matter and submit his report within 15 days before this Court. The scope of inquiry beside investigation of crime would be

(i) As to whether the petitioners have been dispossessed by the police officials from the lands purchased by them.

(ii) Whether the alleged articles/cash etc. have been taken by police officials.

2. The Respondents are restrained from causing any harassment to the Petitioner.

JUDGE

Amj