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
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