ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Constt: Pett: NO. D- 405 of 2012.

Dated order with signature of hon’ble Judge.

For Katcha Peshi.

30.01.2013.

Mr. Ali Azhar Tunio, advocate for the petitioners.

Mr. Ameer Ahmed Narejo, State Counsel a/w SIP Legal Raza Mohammad Sohu, on behalf of SSP Kamber, SIP Jan Mohammad SHO P.S Kamber, ASI Gulzar Ali Buriro P.S Kamber, PC Mohammad Ramzan, HC Roshan Ali and Pc Mohammad Hafeem of P.S Kamber.

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Learned counsel for the petitioners has filed this petition wherein he has prayed as under:

a. To restrain the respondents from causing illegal and unlawful harassment.

b. To quash the FIR No.84/2012 under section 402, 399, 148, 149 PPC registered at P.S Kamber.

c. To direct the respondent No.1 to lodge FIR under section 343, 34 PPC against respondent No.2 to 5 for keeping the petitioner No.2 in illegal confinement for 10 days.

d. To direct the respondents to pay appropriate compensation for causing loss, mental and physical torture and loss of academic career.

e. Any other relief as this Hon’ble Court may deem fit and proper.

Learned counsel submits that he would not press prayer clause b however, as far as rest of the prayers are concerned, respondents may be restrained from causing harassment. He further concedes that he would avail his remedy as far as the case of lodging FIR against respondents No.2 to 5 is concerned before the appropriate forum. The issue that is root cause of this petition is the claim of compensation for keeping the detenue namely Jamaluddin S/O Ali Gohar in illegal confinement . It is contended that in terms of the Raid Commissioner’s report in order to ascertain the illegal detention of detenue Jamaluddin at P.P Shaikh Wah of Police Station Kamber, the Raid Commissioner reached at P.P Shaikh Wah at 10.00 a.m where PC Ghulam Shabir Chandio was present and applicant accompanied with him. He disclosed in his raid report that he found two young boys who were tied with handcuffs and on inquiry it revealed by the police officer about their detention who disclosed that one head constable from P.S Kamber brought them at P.P. IT was further disclosed that their names as Jamalluddin S/O Ali Gohar Junejo and Rasheed S/O Mashooq Gopang. He brought them at P.S through PC Ghulam Shabir and reached at P.S at 10.50 a.m where the duty officer ASI Allah Warrayo was present as duty officer. It was further disclosed in the raid report that the roznamcha register was took in possession and he demanded criminal record from the duty officer who produced copy of FIR in Crime NO.84/2012 of P.S Kamber in which both alleged detenues are nominated with parentage. It was discovered by the Raid Commissioner that no entry in roznamcha is mentioned and no mashirnama of arrest was prepared and he recorded the statements of both the detenues that they were arrested by PC Mohammad Ramzan Metlo and PC Zubair Memon from city and detained at different places and maltreated by the police. He further directed to duty officer to produce both the detenues before this Court alongwith record.

Learned State Counsel at the very outset concedes that two detenues were kept in illegal confinement for four days and they are to be produced within 24 hours before the concerned Magistrate which duty the concerned officials have failed to discharge. However, he submits that after four days they were produced before the Judicial Magistrate. It is matter of fact that subsequently, the alleged detneues were also acquitted from the aforesaid crime registered vide Crime NO.84/2012 at P.S Kamber for an offence U/S 402, 399, 148 and 149 PPC.

Be that as it may, as far as the claim of malicious prosecution is concerned that may not be relevant for the purpose of this petition with the prayer (d) in the petition is confined only to the extent of claiming compensation for keeping the detenues for four days in illegal confinement. Since learned State Counsel concedes that they have been kept confined for four days therefore, keeping in view the concerned officers including the SHO are directed to deposit an amount of Rs.40,000/= which shall be deposited the Additional Registrar within a period of 15 days failing thereof bailable warrants shall be issued against the concerned officers. Petition stands disposed of.

JUDGE