ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.S-484/2011

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Order with signature of Judge

1.         For orders on CMA No.2723/11.

2.         For Katcha Peshi.

26.05.2011

Mr. Chandio Munir Ahmed, advocate for the petitioner.

Mr. Akber Ali, Counsel for the State a/w PDSP Aleem-ullah Farooqui on behalf of DPO, Thatta, Ex-SHO Aijaz Ahmed Shaikh, P.S. Makli, SHO Kaleemullah, P.S. Makli, ASI Zahid Khoso, P.S. Makli, H.C. Aijaz Ahmed, P.S. Thatta, H.C. Ghulam Mustafa, P.S. Thatta and P.C. Muharram, P.S. Thatta.

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Through instant petition, the petitioner, who is a fisherman by profession has complained that some police officials visited his shop and wanted to takeaway the fish free of cost, which the petitioner could` not afford and refused to provide the same on which they got angry and raided his house and took away his son and threw him at Jungshahi Road, in a critical condition and thereafter the said police officials are continuously threatening and harassing the petitioner, therefore, he has prayed for directions to respondents No.3, 4, 5 and 6 not to harass, humiliate the petitioner, his son and helper. It is further prayed that an impartial inquiry into the allegations may also be get conducted whereas false FIR against his son may be quashed.

Notices were issued to the respondents, pursuant to which respondents No.2 to 6 filed comments, wherein they have denied all the allegations leveled against them.

During pendency of this petition, learned counsel for the petitioner has filed an application, wherein it has been intimated that in retaliation of the instant petition the police officials namely Moharram, Gula and Zahid Khoso, PCs posted at P.S. Makli, have arrested the nephew of the petitioner namely Rasheed, who has been shot by police on his leg. The father of Rasheed present in Court has raised hue and cry and has shown his apprehension that his son will be killed by the police in custody.

Under the above circumstances, the DPO, Thatta and SHO, P.S. Makli, were directed to produce Javed Mirani and Rasheed, the son and nephew of the petitioner in Court whereas the police officials namely Moharram, Gula and Zahid Khoso, posted at P.S. Makli, were also directed to attend the Court on 18.5.2011 at 11:00 a.m.

Pursuant to Court's direction accused persons namely Javed Mirani and Rasheed were produced in jail custody by the officials of Central Prison, Hyderabad and Thatta Police. Comments were filed alongwith the annexures by the police officials, wherein it has been stated that both the accused persons are required in large number of cases.

Today, PCs  namely, Moharram, Gula and Zahid Khoso are present and filed the comments wherein it has been shown that the Rasheed Manchheri was absconding accused in crime No.26/2011 under 324, 353,402 PPC of P.S. Makli, Crime No.100/2011 under section 324, 353,402 PPC of P.S. Thatta and Crime No.52/2011 under Section 402 PPC of P.S. Mirpur Bathoro. The accused persons are also involved in 13-D of Arms Ordinance case. 

When the learned counsel for the petitioner was confronted with the material as reflected from the record produced by the police officials against accused namely Javed Mirani and Rasheed Manchheri, learned counsel stated that in most of the cases accused namely, Javed Mirni and Rasheed have duly been acquitted, whereas they have been implicated in the false F.I.Rs by the police to justify their arrest. Learned counsel for the petitioner stated that since the police officials have developed enmity with the petitioner and his family, therefore, they have implicated them in false cases, hence learned counsel has prayed that an independent impartial inquiry may be directed to be conducted by some honest and impartial police official, and if the allegations are found to be correct, the FIRs registered against the petitioner's son and nephew i.e. Javed Mirani and Rasheed Manchheri may be quashed and action against delinquent police officer may be taken as per law.  To this submission, the learned State Counsel did not object, however stated that since there are FIRs against them, they may defend their as per law.

In view of hereinabove, instant petition is disposed of with the directions to police officials present in Court not to cause any harassment to the petitioner and his family and to act strictly in accordance with law. DPO Thatta is directed to conduct an inquiry into the allegations contained in the instant petition and the FIRs registered against the son and nephew of the petitioner namely, Javed Mirani and Rasheed and if it is found that the allegations contained in the petition are correct he may proceed further to get the FIRs disposed of in accordance with law and take action against the delinquent police officer in terms of Police Ordinance, 2002. Such exercise may be conducted within a period of 30 days whereafter compliance report may be submitted through Nazir of this Court.

Instant petition stands disposed of alongwith listed application in the above terms.

                                                                                                           JUDGE