ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No.S-257 of 2014

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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)

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For Katcha Peshi

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05.08.2014

Mr. Javaid Ahmed Rajput, Advocate for Petitioner

Ms. Nasrin Sahito, State Counsel.

Mr. Ali Haider Saleem, A.P.G.

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Through instant constitution petition, filed by petitioner Mohammad Asim, it is prayed for the following reliefs:

“It is therefore prayed that this Honourable Court may be pleased to call the respondent No.4 and direct him to return back the original license and pistol and further direct him to not harass the petitioner”

Notices were issued to the respondents as well as Advocate General and Prosecutor General Sindh. Comments are filed by SIP as well as Senior Superintendent of Police, Special Investigation Unit, Karachi. In the comments it is mentioned that on 11.11.2013 SIP Mashooq Ali of SIU, respondent No.4, was busy in patrolling. He received spy information that petitioner was carrying unlicensed pistol and was present near Traffic Post, Baldia Town, Karachi. Police party arrested him and recovered one 30 bore pistol and three bullets from his possession, for which he could not produce license and F.I.R. bearing Crime No.275/2013 under section 23(1)(a) of the Sindh Arms Act, 2013 was registered at police station SIU. After usual investigation challan was submitted against the accused. Other allegations have been denied.

Learned advocate for the petitioner confined his arguments that police officials be directed not to cause harassment to the petitioner.

Learned State Counsel and A.P.G. argued that neither the petitioner was harassed nor he shall be harassed in future. Case has been registered against the petitioner under the Sindh Arms Act, 2013, and he is facing trial before the competent Court of law.

In these circumstances, there is no merit in the aforesaid constitution petition, the same is dismissed. However, the police officials are directed to conduct themselves strictly in accordance with law and not to indulge themselves with regard to the petitioner in any activity contrary to law.

JUDGE

Gulsher/PA