PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF PAKISTAN - For FIR


IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No:            /2016

1.                                          Haji Muhammad Yasin,
S/O Muhammad Siddique,
Muslim, Adult, House No: 14-D, Block Y,
New Satellite Town, Sadiqabad,
District Rahimyar Khan.

2.                                          Muhammad Ramzan S/O Wali Muhammad,
Muslim, Adult, R/O: L-755, Nai Abadi,
Sector-5/A, North Karachi,
Karachi ………………             ……………   .…. Petitioners.

V E R S U S
­­­­         
1.                Province of Sindh through
         Secretary, Home Department,
Tughlak Houuse, Karachi.

2.                Inspector General Of Police (I.G),
Office at I. I. Chundrigar Road,
Near City Station, Karachi.

3.                Deputy Inspector General of Police (D.I.G)
(Zone East), Office at New Town,
Karachi.

4.                Senior Superintendent of Police (S.S.P),
(District Malir), Office at Quaidabad,
Malir, Karachi.

5.                Station House Officer (S.H.O)
Police Station Sachal, Karachi.

6.                Mr. Akber Mallah (Assistant Sub Inspector - A.S.I)
Deputed at Police Station Sachal,
Karachi.

7.                ASI Sikander Ali (Assistant Sub Inspector - A.S.I)
Deputed at Police Station Sachal,
Karachi.

8.                Additional District & Session Judge –III,
District Malir, Karachi.

9.                Additional District & Session Judge –V,
District Malir, Karachi.

PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN
                                                                     
The petitioner respectfully submits as under:

1.                That the petitioner No: 1 & 2 are respectable & a law abiding citizen of Pakistan and living with their families at the address shown above. Petitioner No: 01 is owner of a Company registered with the name “Shan-e-Madina transport Company”, and also he has valid route permits to run his busses & coaches from General Bus Stand (GBS) Karachi to General Bus Stand (GBS) Lahore. The petitioner No; 02 is working as a manager of said Transport company at Karachi. [Copy of Registration Certificates & route permits are annexed herewith as Annexure P to P14].

2.                That in Karachi, at Sohrab Goath, there is a place which is generally known for Bus Stands of Transport Companies and more than 500 hundred Bus Stands of different transport companies are located there.  Since last 6 years, by occupying the Place at there / Shop No;14, Block B, Dawood Regency, measuring round 400 yards on rental basis, the petitioner No: 01 is also running his business.

3.                That in the year 2014, the respondent No; 05 had started to create disturbance / hindrances in running of petitioner’s business i.e doing insult & causing harassment to passengers and maltreatment with staff, not allowing to petitioner’s coach to park at place where all other coaches were used to be parked, calling staff at police station in the name of unknown inquiries and made them to sit for several hours etc. Thereon & whenever the petitioner No; 01 had approached to P.S for redressal, the petitioner No: 01 had found replied that “it is a order of high officials”.

4.                That petitioner No: 01 tried at first to object & approach to high officials but all was in vain. Thereon in compelling circumstances the petitioner settled & started to pay Rs: 30,000/= per month to a person Rifatullah Khan @ Arif Khan who was introduced by respondent No: 05.

5.                That as soon as the petitioners started to pay monthly Rs: 30000/= (Thirty thousand) which was actually Extortion Money (Bhatta) to said Rifatullah Khan @ Arif Khan, all things had become fine & legal, further all unknown inquiries & complaints had also become disappeared. Thereafter till November 2015, the petitioner had paid RS; 30,000/= monthly to Rifatullah Khan @ Arif Khan – tout of police. In the month of December 2016, all of sudden the said Riffatullah Khan @ Arif Khan had increased the demand of monthly / Bhatta to RS; 01,00,000/= (One Lac), which was out of reach for the petitioners thereon they tried to negotiate & settle the matter with respondent No: 06 & 07 also.  But every time said respondents replied that “It is a order of high officials & if you want to run your business from here, you have to pay demand”. Thereafter the petitioners tried to recourse legal help & in consequence of, said Riffatullah Khan @ Arif Khan under supervision of respondent No: 06 had attempted to break the windscreen & side mirrors of coach and also had tried to burn the coach with fire. Thereon after a very hard struggle of petitioner No: 01, the FIR was lodged against the said Rifatullah Khan @ Arif Khan and accordingly the case vide said Fir is pending at court of District & Session Judge Malir. [Copy of application moved for FIR, Copy of FIR & Copy of Challan are attached as annexure P15, P16, P17]    

6.    That after getting Bail in said case / FIR the said Riftatullah Khan @ Arif Khan upon behest of respondent No; 05 & 06, had again given threats to petitioner & and had repeated his demand of montly / Bhatta / extortion money on 10-05-2016, thereon the petitioner No: 01 had approached first to respondent No: 5, 4 & 3 personally and thereafter petitioner No; 01 had preferred to send applications dated 11-5-2016 trough TCS courier service. [Copy of application & TCS receipts are attached herewith as Annexure P18, P19, P20 & P21]

7.                That thereafter due to inaction of police & support of respondent No: 05 & 06, on 23-05-2016 at about 07:30 (pm) the said Rifftaulah Khan @ Arif Khan along with respondent No: 07 & other 12/13 culprit had attacked at office petitioners by taking law in hand and  by repeating the demand of Bhatta they had snatched cash Rs: 74000/- from cash counter.  This was a third time the offence was committed, there on The matter again was reported by petitioner No: 02 to all authorities concerned and also written representation dated: 24-05-2016 was sent through TCS courier, but all was in vain. Having no avail, the petitioner No; 02 had preferred to file application U/S 22 (A & B) Cr.P.C before honorable court of District & Session Judge Malir Vide Cr. Petition No: 346 /2016 and with a prayer mainly as under:
“Direct the respondents to not facilitate accused persons and to entertain the complaint / application dated 24-05-2016 (Annexure) as statement U/S 154 Cr.P.C & lodge FIR”

But the same was transferred in the Honorable court of 3rd A.D.J (Malir) on administrative grounds and whereat it has been dismissed. [Copy of application, TCS Receipts & order passed on application U/S 22 (A & B) Cr.P. C are attached as Annexure P22 to P27]. 
9.                That as soon as the petitioner No; 02 had filled the said Cr. Petition No: 346 /2016 in court, the said Riffatullah Khan @ Arif Khan along with his accomplice had repeated 4th time & Committed criminal offences of firing at Coach in which passengers were boarded. The date & time of this incident was 24-05-2016 at about 08:10 (pm). At the time of incident the rangers & police mobile had also reached there, they had conducted report by making Movie & photographs; matter was also reported in Newspaper. But this time also the respondent No: 04 had not lodged FIR by facilitating the accused persons. Thereon the petitioner No; 02 had again sent applications dated 25-05-2016 for this separate incident to respondents through TCS Courier Service and having no other way he had further proffered to approach court of law. And accordingly he filled another application U/S 22 (A & B) Cr.P.C before honorable court of District & Session Judge Malir Vide Cr. Petition No: 350 /2016 with a prayer mainly as under:
“Direct the respondents to not facilitate accused persons, and to entertain the complaint / application dated 25-05-2016 (Annexure) as statement U/S 154 Cr.P.C & lodge FIR”

But the same was transferred in the Honorable court of 5th A.D.J (Malir) on administrative grounds whereat it has been dismissed. [Copy of application, Picture showing Bullet Mark on wind screen, Copy of News clipping & order passed on application U/S 22 (A & B) Cr.P. C are attached as Annexure P28 to P33]

10.          That thereafter when both Cr. Petitions of petitioner No: 02 had ordered as dismissed and the petitioners had applied for certified copies to move against Grievances to upper forum, the said culprit in connivance & facilitation of respondent No: 05, 06 & 07, lodge a false FIR No: 324/2016, U/S 324/34/506B/427 PPC, PS: Sachal against Petitioner N0:2 other staff of petitioners (Annexure 34). This time, again the respondent No: 05 & 06 had issued threats of dire consequences & to keep step back the petitioners through phone call. The petitioners had no other way except the petitioner No: 2 moved for Bail Before Arrest and got pre-arrest bail in interim means.

11.          That the purpose of the lodging false F.I.R with criminal design by the said culprit, against petitioner, was just to harass / pressurize the petitioners to get withdrawal of all complaints, to compel the petitioners to accept the illegal & unlawful demands of respondent No: 05 & 06, and to keep quite.

12.          That the respondent No: 05 & 06 have clearly mentioned to petitioners that they have backing of respondent No: 03 and no complaint will be taken up for action against them and they have lodged two more FIRs which are made concealed and they will raided to arrest the petitioners.

13.          That the respondent No; 01, 02, 03 & 04 are reluctant to discharge their public duty & function. And the acts the acts of respondents No: 05 & 06 are offensive, illegal & cognizable. They are motivated with ill will & malice. Which is affecting rule of law and directly to whole Criminal justice system?

14.          That the petitioner has no other efficacious remedy except to invoke the constitutional jurisdiction of this honorable court.


G R O U N D S

A.              That respondents No: 05 & 06 have no authority to check the Transport company registration documentations or to give the license to people who will have business and who will not, within the area of Sohrab Goath,  & to facilitate and supervise their touts to collect the money on monthly basis from petitioners and other Transport company owners.

B.              That the refusal by respondent No.04 to record the statement U/S 154 Cr.P.C of petitioners & act to facilitate the accused persons by lodging a false FIR, in revenge, against the petitioners, is without question & the impugn orders dated 06-06-2016 & 13-06-2016 amounts to abuse process of law as these have made the powers U/S 22 (A & B) redundant & futile and culprits have become more dare to take the law in hand also.

C.              That Article 4 of the constitution of Pakistan provides the guaranty for right of individuals to be dealt with in accordance with law, etc, and reads as:
(i)  To enjoy the protection of law and to be treated in-accordance with law is the inalienable right of every citizen. Whenever he may be, and of every other person for the time being with in Pakistan.
(ii)In particular:-
(a)   No action detrimental to life, liberty, body, reputation or property of any person shall be taken except in accordance with law.
(b)  No person shall be prevented from or be hindered in doing that which is not prohibited by law; and
(c)  No person shall be compelled to do that which the law does not require him to do.

D.              That article 25A of constitution of Pakistan read as” all citizens are equal before law and are entitled to equal protection of law and there shall be no discrimination”. Recording of statement U/S 154 Cr.P.C of one party & refusing to record for same statement to other party is sheer violation of subject article of constitution of Pakistan.

E.               That the law directs & lays the procedure for registration of Information in cognizable cases. The respondents are custodian of laws; they should not flout these laws, just for having free hand & to facilitate the persons of their own choice.

F.               It is a well settled principal of law that Functions of justice of peace is to check whether the statement of complainant intimating or informing of commission of any cognizable offence is recorded or not and function of justice of peace did not include touching the merits of case or giving certain directions.      

G.              That the petitioner craves leave of this honorable court to urge further grounds and facts at the time of hearing of this petition.

P R A Y E R

Therefore it prayed in the interest of justice that this honorable court may be pleased:

A.              To direct the respondents No: 04, 05 & 06 to not harass, pressurize or not to act in aid of any tout / illegal element for compelling the petitioners to fulfill their illegal & unlawful demands.

B.           To call for record of blind case / FIR for which the respondent No. 05 & 06, along with some police personals, had raided the house of petitioner to arrest the petitioners; as the concealment of said record if any, by respondents has made deprived the petitioner from right of fair trial and due process.

C.              By setting aside the impugned orders may please to direct to respondent No. 04 to not facilitate the accused persons & to lodge FIRs by treating the applications dated 24-05-2015 (Annexure P22) & dated 25-05-2015 (Annexure P28) as statements U/S 154 Cr.P.C.

D.              To direct the respondent No.1, 02 & 03 04 to take necessary measures to discharge of Public function / duty in respect of above said matter.

____________________
PETITIONER NO: 01


____________________
 PETITIONER NO: 02

Karachi.                     
Dated: 24-6-2016.                       Farhan Khaliq Anwer                                                                                             Advocate for the Petitioners.




IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No:            /2016

Haji Muhammad Yasin & One Other.                  .…. Petitioners.

V E R S U S
­­­­         
Province of Sindh & Ors.  …………………….       Respondents.

AFFIDAVIT IN SUPPORT OF PETITION
BY PETITIONER NO:01

I, Haji Muhammad Yasin, S/O Muhammad Siddique, Muslim, Adult, House No: 14-D, Block Y, New Satellite Town, Sadiqabad, District Rahimyar Khan, do hereby state on oath as under:

1.    That I am petitioner No: 01 herein as such am fully conversant with the facts of the case. The accompany petition under Article 199 of the Constitution of Pakistan  R/W 561 A Cr.P.C has been moved on my express instructions. The contents of the same are correct and for the sake of brevity may be treated as part of this affidavit.

2.    That I say that whatever stated above is true and correct to the best of my knowledge and belief.



Karachi.                                                   D E P O N E N T
Dated:   -6-2016.

          I identify the deponent.

                                                                       A D V O C A T E              
Solemnly affirmed before me on oath by the deponent above named here at Karachi on this     day of June 2016 who has been identified to me by Mr. Farhan Khaliq Anwer, Advocate who is personally known to me.



COMMISSIONER FOR TAKING AFFIDAVITS




IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No:            /2016

Haji Muhammad Yasin & One Other.                  .…. Petitioners.

V E R S U S
­­­­         
Province of Sindh & Ors.  …………………….       Respondents.

AFFIDAVIT IN SUPPORT OF PETITION
BY PETITIONER NO:02

I, Muhammad Ramzan S/O Wali Muhammad, Muslim, adult, resident of House No.L-755, Nai Abadi, Sector 5/A-1, North Karachi, Karachi, holding NIC No: 42101-3955740-7, do hereby state on oath as under:

1.    That I am petitioner No: 02 herein as such am fully conversant with the facts of the case. The accompany petition under Article 199 of the Constitution of Pakistan  R/W 561 A Cr.P.C has been moved on my express instructions. The contents of the same are correct and for the sake of brevity may be treated as part of this affidavit.

2.    That I say that whatever stated above is true and correct to the best of my knowledge and belief.



Karachi.                                                   D E P O N E N T
Dated:   -6-2016.

          I identify the deponent.

                                                                       A D V O C A T E              
Solemnly affirmed before me on oath by the deponent above named here at Karachi on this     day of June 2016 who has been identified to me by Mr. Farhan Khaliq Anwer, Advocate who is personally known to me.



COMMISSIONER FOR TAKING AFFIDAVITS

  

IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No:            /2016

Haji Muhammad Yasin & One Other.                  .…. Petitioners.

V E R S U S
­­­­         
Province of Sindh & Ors.  …………………….       Respondents.

APPLICATION UNDER RULE 9 CHAPTER IIIA
VOLUME-V  OF  SINDH  HIGH  COURT RULES

It is most humbly prayed on behalf of petitioner above named that this Hon’ble Court may be pleased to hear the accompanying petition on 28th June 2016, as due to circumstances created by the respondents the life, liberty and property of the petitioner have become on stack. In order to extort money, the respondents by making involved the petitioner in any unknown false case, have raided the house of petitioner to arrest him. As the case is one of the urgent nature, therefore the prayer is made in the interest of justice. 



Karachi.                    
Dated:   -6-2016         ADVOCATE FOR PETITIONER






IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No:            /2016

Haji Muhammad Yasin & One Other.                  .…. Petitioners.

V E R S U S
­­­­         
Province of Sindh & Ors.  …………………….       Respondents.

APPLICATION UNDER SECTION
151 C. P.C.


It is most humbly prayed on behalf of petitioner above named that this Hon’ble Court may be pleased to exempt from filing of certified true copies & English translations of all Annexures to the petition, as the same are not readily available with the applicant /Petitioner.  However, attested photocopy of the same are annexed here with for perusal of this Hon’ble Court.

Prayed in the interest of justice.


  
Karachi.                 
Dated:  -06-2016      Advocate for the Petitioner.




IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No:            /2016

Haji Muhammad Yasin & One Other.                  .…. Petitioners.

V E R S U S
­­­­         
Province of Sindh & Ors.  …………………….       Respondents.

                                                   I N D E X

NO
DESCRIPTION
Date
PAGE
1.
Memo. Of Petition.
  
1-17
2.
Affidavits in support of Petition.

19-25
3.
Copy of Registration Certificates & route permits - Annexure P to P14

27-55
4.
Copy of application  dated 23-12-2015 for FIR, Copy of FIR No: 459/2015 & Copy of Challan - Annexure P15, P16, P17

57-61
5.
Copy of application dated 11-05-2016 & TCS receipts - Annexure P18, P19, P20 & P21

63-69
6.
Copy of application dated 24-05-2016, TCS Receipts & order passed on application U/S 22 (A & B) Cr. P. C - Annexure P22 to P27

71-85
7.
Copy of application dated 25-05-2015, TCS receipts, Picture showing Bullet Mark on wind screen, Copy of News clipping & order passed on application U/S 22 (A & B) Cr.P. C - Annexure P28 to P33

87-101
8.
FIR No: 324/2016, U/S 324/34/506B/427 PPC, PS: Sachal against Petitioner – Annexure 34]

103
9.
Application for Exemption from filing original copies.

105-109
10
Application for urgent hearing along with affidavit

111-115
9.
Vakalatnama

117

Karachi.                                 

Dated:                                                  Advocate for Petitioner 

Comments

Popular posts from this blog

APPLICATION UNDER SECTION 15 OF SINDH RENTED PREMISES ORDINANCE - 1979

ROZNAMCHA - POLICE DAILY DIARY

SUIT FOR RECOVERY OF DOWER AMOUNT, DELIVERY CAHRGES & MAINTENANCE.