PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF PAKISTAN

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No. 997/2014
Zer Bahadur S/O Zair Owas Khan,
Muslim, Adult, R/o H.No. B-1,
Block-4, Metrovil, Site Town,
Karachi. …….…. Petitioner.
V E R S U S
1. Province of Sindh,
Through Chief Secretary,
Government of Sindh, Office at Sindh Secretariat, Karachi.
2. Director General,
Pakistan Rangers (Sindh),
Head Quarter, Near Governor House,
Karachi.
3. Inspector General of Police,

Central Police Office (CPO),

I.I.Chundrigar Road,

Karachi.
4. Senior Superintendent of Police (SSP),

Office of SSP, District West,

Karachi.

5. S.H.O

Police Station Orangi,

Karachi. …………….. Respondents.

PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN

The petitioner respectfully submits as under:

1. That the petitioner is a citizen of Pakistan and by profession he is businessman. He is aggrieved of legal wrongs caused by respondents and also he has preferred to act also as pro bono public.

2. That the respondent No.1, 2, 3, 4 & 5 are government functionaries and they are direct responsible for observance / implementation of Law during performance of their duties for maintenance of law & order and internal security of Sindh province.

3. That in between night hours of 31-12-2013 & 01-01-2014, the personals of respondent No.2 had raided the Area Metrovil & Buldia Town, and during this action many persons of locality were arrested as suspect by personals of respondent No.2. The petitioner, real brother of petitioner namely Niaz Bahadur, four others known to petitioner, namely Hashim, Sher Bahadur, Alif Khan, Hakeem Baz and 25 others were also arrested by personals of respondent No.2 from there houses / area and after arrest they were kept for two days in Lock up of 53 wings of respondent No.2. They remained in lockup custody of 53 wing for more than 55 to 60 hours. No member of family was allowed to meat them and what was their fault, was also not known to any one except the personals who arrested them.

[Copy of Supporting affidavits & Press relese of Respondent No.2 & News cliping are attached as Annexure P1,P2, P3,P4, P5 & P6].

4. That on 03-01-2014, all these persons were handed over to police station Orangi / respondent No.5, by the personals of respondent No.2. Where at the respondent No.5, had adopted a questionable procedure to release the petitioner & other above stated suspects to go home and also did not release the petitioner’s brother Niaz Bahadur and one other person, by showing inability because of the letter of personals of respondent No.2 for handing over the accused persons to this Police station.

5. That the petitioner himself had seen this letter in which respondent No.5 had given receiving’s receipt upon copy of letter of handing over & taking over and contents of it were as “ Names of Suspect Niaz Bahadur & Suspect one other person ( petitioner is unable quote here exact name) are being handed over to P.S Orangi / Respondent No.5 and some ammunition was also written on it”.

6. That it is not known that the respondent No.5 had done what? with other suspect whose name was also written on letter of handing over of personals of respondent No.2, but the respondent No.5 fabricated the allegations of (1) attempt to Qatal-i-Amad & assault or criminal force to deter Police - 324 PPC & 353 PPC, (2) having illegal weapons - 23-1/A Sindh Armed Act, and lodged two different FIRs No.1/2014 & 02/2014, upon said petitioner’s brother Niaz Bahadur. One another abandoned old Car (FX), having no wheels and engine parts even to start, was parked at Police station of respondent No.5 and respondent No.5 foisted this also upon Petitioners brother namely Niaz Bahadur and alleged that the accused Niaz Bahadur committed above offences while he was driving this abandoned car.

[Copies of FIRs are attached herewith P7, P8 & P9].

7. That it is a matter of record that can be proved also through newspapers clippings that targeted operations are being carried out on daily basis across the city “Karachi” to eliminate criminals and during last 5 months in series of raids the respondent No.2 had arrested thousands of people as suspect.

[Copy of News clipping is attached P10]

8. That the personals of respondent No.2 are making arrest under Section 54 and 55 of the Cr.P.C, They do not give information to the family members of the persons arrested, nor they use to place the names or report of persons arrested before any forum or before concerned court of law / Magistrate, thereon, at one hand the families of detainee remain unaware about the whereabouts of the detainee and other hand office / authorities are misusing their power for ill and unlawful benefits. The matter of petitioner and his real brother Niaz Bahadur, which is also supported with affidavits of other aggrieved / witnesses, in this petition is also one of examples which require interference of this honorable court.”

[Copies of different news clippings are attached herewith as annexure P11 to P20]

9. That arrest of thousands suspects by respondent No.2 for investigation or inquiry is also a fact that can not be denied.

10. That it is also a matter of record that can be proved through news papers clipping that the personals of respondent No.2, used to hand over these arrested suspected to respondent No.3 at different police stations of Karachi.

11. That That it is matter of concern for the petitioner as well as also for public at large that:

ü Is there any list, roznamcha, record or entry having the name, address and credential record, if any, of these arrested suspects, is available with respondent No.2, to produce any court of law.

ü If with out any evidential record, with out attesting or making the memo of arrest & recovery by personals of respondent No.2, the suspects are arrested and thereafter if these suspects are handed over to police stations of respondent No.3, then what rule or procedure of law is used to produce this fact as evidence in court law.

12. That the respondent No.1 is responsible to make rules, procedure or law in order to facilitate that infringement of Law of arrest & detention and misuse of office & authority could be restricted. If matter of arrests in large numbers by one agency / rangers and handing over of these arrestees to other agency / Police, is made easily available to produce in court of law, then cases of corruption against custodial violence, will be eliminated and observance of laws of arrest & Release from custody will be ensured effectively.

13. That it is matter of record that Petitioner, petitioners family members and other 25 persons were arrested by personals of respondent No.2 and thereafter when there custody was handed over to respondent No.5, The respondent No.5 did nothing lawful except to extort money for release of these arrestees. The respondent No;5 was aware that official record of handing over of number of suspects is inaccessible to any one, thereon, he misused his authority to earn illegal benefit.

14. That it is a routine matters that these types of violations of constitutional or legal rights happened with large number of people, who are poor, ignorant or in a socially or economically disadvantaged position and it should not go un noticed and un-redressed

15. That the subject matter of this petition has become a tool to earn undue advantages / benefits.

16. That the acts of state respondent are illegal & excessive use of power. They are motivated with ill will and malice.

17. That is matter of grave concern that is effecting rule of law directly to whole Criminal justice system and.

18. 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 Article 09 of the constitution of Pakistan, guaranties that no person shall be deprived of life and liberty save in accordance of law. The respondents are custodian of laws, they should not flout these laws, just for having free hand.

B. That Article 10 of the constitution of Pakistan, gauraties that: (1) No person who is arrested shall be detained in custody with out being informed as soon as may be, of grounds for such arrest, nor shall be denied the right to consult and be defended by a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before a magistrate with in period of twenty four hours of such arrest, excluding the time necessary for journey from the place of arrest to the court of nearest magistrate and no such person shall be detained in custody beyond the said period with out authority of the magistrate.

C. That article 19-A reads as “Every citizen shall have the right to access the information in all matters of public importance subject to regulation and reasonable restriction imposed by law.

D. That the acts of respondents being malafide are of great public importance and to arrests & detentions by respondents in violation of law has become a tool to earn undue advantages / benefits.

E. 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 and good conscience that this honorable court may be pleased to:

a) Call by directing respondent No.2, to place record of suspects arrested & suspects handed over to respondent No.5, during the dates 30-12-2013 to 4-1-2014, if there is any list, roznamcha, record or entry having the name, address and credential record, if any, of arrested suspects, is available with respondent No.2, to produce any court of law.

b) Direct the respondent No.01, to frame an additional procedure / rule under supervisory control to obtain details & record along with full particulars on daily basis for suspects who are handed over to police stations of respondent No.3 by personals of respondent No.2, to ensure that mis-use of authority could be restricted and the facts about who is released and who is booked in cases, could be taken on record to protect from violation of the law.

c) Direct the respondent No: 03 & 02, to take necessary measures to discharge of Public function / duty in respect of above said matter and in lights of facts narrated in this petition, to punish / suspend or terminate the respondent No.05.

d) Any other relief this honorable court may deem fit & proper in the circumstances of the matter.

PETITIONER

Karachi.

Dated: 22-02-2014. Advocate for the Petitioner.

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No.           /2014
Zer Bahadur S/O Zair Owas Khan…….….         Petitioner.

V E R S U S

Province of Sindh & Ors.                      ..      Respondents.

SUPPORTING AFIDAVIT

I, Sher Bahadur Khan S/O Gull Ber Khan, Muslim, Adult, R/o house No. D-181, Gali No;2, Metrivill, Site, Block-5, Karachi, Muslim, Adult, holding NIC No: 42401-195080771, do hereby state on oath as under:

1. That I am aggrieved of legal wrongs committed by respondents and also I am fully conversant with the facts & nature of the case. The accompany petition under Article 199 of the Constitution of Pakistan has been moved also on my express instructions.

2. That I say that the contents of petition are read over me with translation in Urdu language in plain words and do hereby confirm that the same are correct and for the sake of brevity may be treated as part of this affidavit.

3. That I say brother of petitioner namely Niaz Bahadur was arrested by Rangers during midnight hours in between 30-12-2013 & 01-01-2014.

4. 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: 22-2-2014.

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 22nd day of February 2014, 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

C.P.No. /2014

Zer Bahadur S/O Zair Owas Khan…….…. Petitioner.

V E R S U S

Province of Sindh & Ors. .. Respondents.

I N D E X

S.NO.	DESCRIPTION OF DOCUMENTS	DATE	PAGE NO. FROM: TO
1.	Memo. Of Petition.
2.	Affidavit in support of Petition By Petitioner.
3.	Annexure
4.	Application for Exemption from filing original copies.
5.	Application for urgent hearing along with affidavit
6.	Vakalatnama

Karachi.

Dated: Advocate for Petitioner

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No. /2014

Zer Bahadur S/O Zair Owas Khan…….…. Petitioner.

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 urgent basis i.e on 18-03-2014, as the matter is one of urgent motion as the real brother of petitioner is behind the bar due to illegal & unlawful acts of respondents and interference of this honorable court may correct the wrongs committed by respondents.

Prayed in the interest of justice.

Karachi.

Dated:18-03-2014 Advocate for the Petitioner.

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No. /2014

Zer Bahadur S/O Zair Owas Khan…….…. Petitioner.

V E R S U S

Province of Sindh & Ors. .. Respondents

AFFIDAVIT IN SOPPORT

OF APPLICATION OF URGENT HEARING

I, Zer Bahadur S/O Zair owas Khan, Muslim, Adult, holding NIC No: 4240129537993, R/O of House No.B-1, Block-4, Metrovill Site Town, Karachi, do hereby state on oath as under:

That I am petitioner herein as such am fully conversant with the facts of the case. The accompany application for urgent hearing has been moved on my express instructions as the matter is one of urgent motion which requires interference of this honorable court. The contents of the application as well as petition are correct and for the sake of brevity may be treated as part of this affidavit.

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: 18-03-2013.

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 18th day of March-2014, 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

C.P.No. /2014

Zer Bahadur S/O Zair Owas Khan…….…. Petitioner.

V E R S U S

Province of Sindh & Ors. .. Respondents

APPLICATION 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 of originals, Legible copies & English translations of the all Annexure to the application / petition, as the same are not readily available with the applicant. However, Legible copies of the same are annexed here with for perusal of this Hon’ble Court.

Prayed in the interest of justice.

Karachi.

Dated: -02-2014 Advocate for the Petitioner.

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No. /2014

Zer Bahadur S/O Zair Owas Khan…….…. Petitioner.

V E R S U S

Province of Sindh & Ors. .. Respondents

AFFIDAVIT IN SUPPORT

OF APPLICATION U/S 151 CPC

I, Zer Bahadur S/O Zair owas Khan, Muslim, Adult, holding NIC No: 4240129537993, R/O of House No.B-1, Block-4, Metrovill Site Town, Karachi, do hereby state on oath as under:

That I am petitioner herein as such am fully conversant with the facts of the case. The accompany application for exemption from filing originals of annexure have been moved on my express instructions as the matter is one of urgent motion and originals are not readily available with me. The contents of the same are correct and for the sake of brevity may be treated as part of this affidavit.

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: -02-2014.

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 February 2014 who has been identified to me by Mr. Farhan Khaliq Anwer, Advocate who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVITS

For Immediate Use in Court

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.D.No. 997/2014

Zer Bahadur S/O Zair Owas Khan…….…. Petitioner.

V E R S U S

Province of Sindh & Ors. .. Respondents

AFFIDAVIT IN SUPPORT TO FILE COPY OF SUSPECT PROFORMA

OF SUSPECTS HANDED OVER ON: 02-Jan-2014

I, Zer Bahadur S/O Zair owas Khan, Muslim, Adult, holding NIC No: 4240129537993, R/O of House No.B-1, Block-4, Metrovill Site Town, Karachi, do hereby state on oath as under:

1. That I am petitioner herein as such am fully conversant with the facts of the case.

2. That I undertake to file one of copies of suspect Performa of suspects handed over to respondent NO.5 by personals of respondent No.02 dated 02-January-2014, which is also subject of an issue in this matter (Copy is attached herewith as Annexure P21).

3. That I reaffirm / retrieve by saying that in between night hours of 31-12-2013 & 01-01-2014, the personals of respondent No.2 had raided the Area Metrovil & Buldia Town, and during this action many persons of locality were arrested as suspect by personals of respondent No.2. The petitioner, real brother of petitioner namely Niaz Bahadur, four others known to petitioner, namely Hashim, Sher Bahadur, Alif Khan, Hakeem Baz and 25 others were also arrested by personals of respondent No.2 from their houses / area and after arrest we were kept for two days in Lock up of 53 wings and in nigh hours of dates 02-1-2014 to 03-01-2014, we all were handed over to police station Orangi / respondent No.5, by the personals of respondent No.2. Where at the respondent No.5, had adopted a questionable procedure to release the petitioner & other above stated suspects to go home and also did not release the petitioner’s brother Niaz Bahadur and one other person namely Raziq Badsha (as shown in Annexure P21),

4. That I reaffirm / retrieve by saying that it is not known that the respondent No.5 had done what? with other suspect namely Raziq Badsha (as shown in Annexure P21), but the respondent No.5 fabricated false allegations of (1) attempt to Qatal-i-Amad & assault or criminal force to deter Police - 324 PPC & 353 PPC, (2) having possession of illegal weapons - 23-1/A Sindh Armed Act, and lodged two different FIRs No.1/2014 & 02/2014, upon my / petitioner’s brother Niaz Bahadur. One another abandoned old Car (Model- FX), having no wheels and engine parts even to start, was parked at Police station of respondent No.5 and respondent No.5 foisted this also upon my / petitioners brother namely Niaz Bahadur and alleged that the accused Niaz Bahadur committed above two offences while he was driving this abandoned car.

5. That I reaffirm / retrieve by saying that subject matter of this petition, which is also supported with affidavits of others aggrieved of acts of respondents (As annexure P1, P2, P3 & P4), in this petition is one of examples of high handedness & misuse of office / authority, which require interference of this honorable court.”

6. That I say that the respondent authorities do not use or do not adopt any lawful procedure or record in handing over or taking over of suspects and for this reason alone, the office of authorities is misused to release some one who is actual culprit and to book some one innocent in replace of actual.

7. That I say that if the unlawful / wrong acts committed by respondents are not interfered by this honorable court as diagnostic tool to issue directions to protect custodial violence & corruption, the petitioner as well as others aggrieved of acts of respondent will suffer irreparable losses.

8. That I say that the contents of this affidavit as well as the contents of main petition are correct and for the sake of brevity may be treated as part of this affidavit.

9. 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: 04-02-2014.

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 04^th day of February 2014, who is identified to me by Mr. Farhan Khaliq Anwer, Advocate, who is personally known to me.

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