Petition against corruption, corrupt practices & criminal activities of S.H.O Sitta Road

IN THE HIGH COURT OF SINDH AT KARACHI

C.Petition  No:            /2017

Haji Abdul Latief S/O Abdul Ghani Arain,

Muslim, Adult, Presently residing at

Flat No: 211,Block-A, Amma Tower,

M.A.Jinnah Road, Karachi.          ……………       .…. Petitioner.

V E R S U S

­­­­       

1.          Province of Sindh through

Secretary, Home Department,

Government of Sindh, Tughlak Houuse,

Karachi.

2.          Inspector General of Police (I.G),

Office at I. I. Chundrigar Road,

Karachi.

3.          Deputy Inspector General of Police (D.I.G)

Hyderabad Range, Thandi Sarak,

Hyderabad.

4.          Senior Superintendent of Police (S.S.P),

District Dadu, Office of SSP,

Dadu.

5.          Abdul Qayoom Khoso,

Deputed as S.H.O,

Sitta Road Police Station,

District Dadu.  ………                    …………  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 law abiding citizen of Pakistan and due to circumstances created by police personals deputed under supervision & control of respondent No; 04, the petitioner had no other way except to leave the jurisdiction of district Dadu and to take shelter at place / residence of his own choice - mentioned above - for safeguards, protection & rights guaranteed under constitution of Pakistan. Therefore, in personal capacity as well as a pro-bono for all other business community / shop Keepers of District Dadu, the petitioner has preferred to seek the directions for action against corruption, corrupt practices & criminal activities of S.H.O Sitta Road / Respondent No: 05, Taluka Khairpur Nathan Shah - District Dadu & and his accomplices.

  

2.                That the petitioner is thoroughly gentleman & known business man of District Dadu. In Past he was Taluka Nazim and now a days he is President of Chamber of Commerce & All Shop Keepers / Merchants Association at Sitta road, Distract Dadu. He is also General Secretary of All Sindh Shehri Ittihad – Sitta Road District Dadu and is a Distributor of Uni (liver) Brothers Pakistan, National Foods, Koh-e-Noor industries & Pakistan Ghee / Oil Industries.

3.                That the respondent No.1, 2, 3 & 4 are government functionaries and they are direct responsible for observance / implementation of Law during performance of their duties for protections of life, liberties, properties & business of people. But their inaction has made more dare to police personal / Respondent No: 05 / S.H.O Sitta Road police station – district Dadu to act as a criminal & to rob or extort innocent people.

4.                That the respondent No: 05 / S.H.O Police Station Sitta Road - District Dadu, namely Abdul Qayum Khoso is a criminal & due to involvement in criminal cases, [(i.e FIR No: 288/2004 U/S: 392 PPC, PS: Khanoot, FIR No: 146/2016 U/S: 324/353 PPC, P.S: Meher and record of other FIRs is available with police / respondent] was under suspension for long time in past. Previous year with political influences he was re-instated and after resuming charge as SHO Police Station Sitta Road – District Dadu, he has started to miss-use his authority / uniform to extort or rob money from businessmen & shopkeepers. There are several complaints as he alongwith his sub-ordinates HC- Khadim Khoso & PC- Abdul Qadir Bubber, used to take ransom / extortion/ bribe from shop keepers / businessmen, by keeping them under illegal detention or custody. Many times in meetings with police officials & administration of district level, the complaints were made by petitioner also, but nothing availed. [Copies of FIR lodged against S.H.O are attached herewith as P1 & P2]

5.                That on 08-03-2017, said Abdul Qayum Khoso – SHO Sitta road / Respondent No: 05 had released one shop keeper namely Imran Waraich for extortion / ransom or illegal money. Thereon the petitioner had complained against said SHO to respondent No: 04 also. But the respondent No: 04 had shown his inability to take action due to political influences. Thereon the petitioner, Forum Chamber of Commerce – District Dadu, businessmen / shop keepers and Forum Sindh Shery Ittehad Sitta Road had launched protest by calling shutter down strike. Just because of this reason, the SHO – Sitta Road had developed personal grudge against petitioner. So, on 12-03-2017, at about 7:50 (evening), the petitioner was available at his shop alongwith his brother 1. Muhammad Serwer, 2. Suhail Khan S/O Khan Muhammad, 3. Muhammad Ashfaq S/O Muhammad Husain, 4. Attaullah S/O Ali Muhammad, that all of sudden, the culprits S.H.O Abdul Qayum Khoso, sub-ordinates HC- Abbas Khoso & PC- Abdul Qadir Bubber & other 10/15 private persons who were armed & also who can be identified, had come there and had committed offensive act with misuse of police uniform and authority. Culprit / Respondent No: 05, S.H.O Abdul Qayum Khoso & Khadim Khoso used abusive language & instigated their accomplices to not spare the petitioner. On their instigation culprit Abbas Khoso also aimed his weapon G3 upon petitioner to assault. Culprit Khadim Khoso caught hold the collar of petitioner and caused kicks & fits blow on different parts of body of petitioner. Thereafter they robed / snatched (earning / sale of whole day) cash Rs: 4,60,000/= (Four Lac Sixty Thousand) from cash counter, licensed weapon, Mobile phone Samsung J-7 & finger ring of gold from right hand of petitioner which is of worth Rs: 75,000/=. Culprit Abbass Khoso & others brooked / damaged the articles of shop / store and also they snatched robed  groceries / Kiryana items i.e Soap, cooking oil, sugar, tea & other things of worth rupees 50,000/= to 60,000/= from shop / store of petitioner. During this many shop keepers & area people had gathered there. Some of them were also making video through their mobile phones. Such clips of incident are also shown in Media. Thereon to save his skin, culprit S.H.O Sitta Road brought by dragging the petitioner & his brother Muhammad Serwer at Police Station Sitta Road, whereat they were tortured severely. Thereafter the petitioner & his brother Muhammad Serwer were made shifted at police station Kairpur Nathan Shah where they remained in illegal confinement & without any remand for 4 days. This incident was covered by all media house & all news papers through publication as main head line on 14-03-2014. [Copies of News paper reports are attached as Annexure P3, P4, P5 & P6].

6.                That thereafter due to waive / pressure of news papers & media coverage, the culprit / Respondent No: 05 / SHO Sitta road, just to save his skin, made involved falsely the petitioner & his brother in false case Vide FIR No: 09/2017, U/S 324/353/147/48/49/504/337-H(2), PPC R/W 5, 6, 7 ATA, Police Station Sitta road and produced them before the Honorable court ATC Noshehro Feroz. Thereon Honorable Court ATC Noshehro Feroz was pleased to pass order which is reproduced hereunder for kind consideration.  

“As per report of I.O. Provision of ATA 1997 does not attracted in this case, as no incident of firing upon police party at P.S has shown place and complainant has made exaggeration in FIR. He prayed for return of FIR. Request is allowed, FIR is returned to I.O for submission before the concerned court. I.O is directed to submit such report to SSP- Dadu for strict action against the complainant under intimation to this court”.

[Copy of FIR against petitioner, Note put up by DDPP, remand paper & order passed on it, is attached as Annexure P7, P8 & P9].

7.                That thereafter the petitioner was released on bail and had approached to Honorable District & Session Judge District Dadu for legal action against corruption, corrupt practices, criminal activities in police uniform & offensive acts of Respondent No: 05 / S.H.O Sitta Road, Taluka Khairpur Nathan Shah - District Dadu & and his accomplices vide Cr. Misc Application No: 552/2017, U/S 22- (A & B) Cr.P.C. Thereon the honorable court of District & Session Judge Dadu was pleased to pass order dated 08-4-2017. The operative part is reproduced as under:

“In view of above circumstances, S.H.O P.S Sitta road is directed to record the statement of applicant and act in accordance with law, if cognizable offense has been committed on the basis of tangible evidence”.

          [Copy of order attached as Annexure P10]

                       

8.                That despite the question “how it is possible that the SHO - Sitta road / Respondent No: 05, will record the statement / FIR against own self” the applicant approached on same day to the duty officer & respondent No: 04 also for compliance of said order. But the both authorities were reluctant & had shown inability to act in accordance with law and also in accordance with the order dated 08-04-2017 passed by honorable court of district & session Judge-Dadu. Thereafter the petitioner had re-approached & knocked the doors of Honorable court of District & Session Judge Dadu, vide Cr. Misc application No: 552/2017, and honorable court was pleased pass order dated 14-04-2017 as under:

“Applicant present in court, S.H.O PS. Sitta Road, is absent and sent intimation he is on duty of Cm. Applicant stated that his statement was not recorded by S.H.O inspite of directions. He has further informed that on last night three persons duly armed with weapon came to him and issued threats to withdraw from the criminal miscellaneous application otherwise he will be killed.       

In view of above circumstances, the SSP Dadu is directed to provide protection to applicant in accordance with law and ensure the compliance of order dated 08-04-2017 already passed by this court in criminal misc. Application No;552/2017”.

Thereon the petitioner re- submitted application / approached on 17-04-2017 to respondent No: 04. The Copy of order dated 14-04-2017 & application to respondent No: 05 are attached herewith as Annexure P/11 & P12]. 

                       

9.                That thereafter since the day, court order is passed, Respondent No: 05 / S.H.O Sitta road has raided 4/5 times to arrest the petitioner in unknown / case or cases and he has conveyed message to petitioner that now he has personal enmity and he will kill petitioner in police encounter even through police of another district or Police Station.

10.          That due to circumstance, the petitioner is under continuous threats & pressure of Respondent No: 05 / S.H.O Sitta road who is under direct supervision & command of respondent No; 04. Therefore he is unable to reside or to do business and in consequences he is residing at above titled address take shelter & to recourse the legal action.

11.          That the purpose of the lodging false F.I.R with criminal design, involving the petitioner in blind cases & giving threats to kill in police encounter by said culprit – S.H.O Sitta Road, is to make unavailable the petitioner to recourse legal & departmental action against him.

12.          That the culprit / Respondent No: 05 – S.H.O Sitta Road has clearly mentioned to petitioners that he has backing of his high ups and no complaint will be taken up for action against him and he has lodged two more FIRs which are made concealed and he will raid to arrest the petitioner & and his family.

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

14.          That petitioner has approached to all authorities concerned, but all is in vain. Copies are attached herewith as Annexure P13, P14, P15, P16, P17, P18, P19 &, P20]. The inaction of respondents has become an act to facilitate the culprits / S.H.O Sitta Road / Respondent No: 05 and his accomplices, to be more daring for commission of corruption, corrupt practices & criminal activities.

15.          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 respondent No: 05 / S.H.O Sitta Road – District Dadu, Abdul Qayum Khoso, who is deputed under direct supervision & authority of respondent No: 04 has no authority to check or to give the license to people as who will do business and who will not, within the area of police Station Sitta Road – District Dadu & to facilitate and supervise their touts to collect the

money like a ransom or extortion by keeping the shopkeepers / businessmen in illegal custody / confinement.

B.              That the primary most duty of every police officer is to protect citizens of the country, maintain law, public peace and order, crime prevention, investigation and detection. But, it is saddening to bring to light to fact that S.H.O Sitta Road – District Dadu / police do not undertake their lawful responsibilities and indulge in crimes / various unscrupulous activities i.e robbery, extortion & keeping innocent people business men / shop keepers in illegal confinement for wrongful gains, which results in unnecessary harassment to the people who rely on the power and position of the Police. And also which tend to lower the dignity of the Criminal Justice System & police officers as well as shake the foundation of trust and faith imposed on them by the society.

C.              That many crimes committed by police officers against of the marginalized section of the people go unreported & unpunished just because of fear towards the police itself as nothing would happen if you have even serious type of complaint. Therefore for an effective instrument of social change and to help in reinforcing the foundation of justice and fair play the respondents are duty bound to frame such a set up / independent internal affair unit at Zonal or Division level for recording of FIRs / complaints against police personals, wherein complaints against police officers can be received from all sections of the society without any fear of partiality or prejudice and also through this set up / independent internal affair unit the directives of courts could be complied without any delay. it is saddening to bring to light to fact there are many orders of courts also for lodging of FIRs against S.H.Os / police personals remains un-complied just because of reasons like as order passed in this case, i.e “the S.H.O (who himself is culprit) is directed to record the statement of petitioner against his own self at police station where he himself is incharge.”

D.              That the refusal by respondents to initiate inquiry / legal action or to record the statement of petitioner U/S 154 Cr.P.C in compliance of law & order passed by Honorable District & Session Judge District Dadu & act to facilitate the culprits is without lawful authority and abuse process of law and this attitude on part of respondents have made the powers U/S 22 (A & B) redundant & futile and culprits have become more dare to take the law in hand also.

E.               That the acts of respondent No; 05 are punishable & cognizable as well as the same also amounts to misconduct, for which Rule 2 (V) of Sindh police (Efficiency & Discipline) Rules 1988 defines as under:

“Misconduct” means conduct prejudicial to good order or discipline in the police Force, or contrary to Government Servants (Conduct) Rules or unbecoming of a Police Officer and a gentleman, any commission or omission which violates any provision of any law or rules regulating the function and duty of police officer or to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Government or any government officer in perspect of any matter relating to the appointment, promotion, transfer, punishment, retirement, or other condition of service of police officer.”

F.               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.

G.              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 (culprit S.H.O) & refusing to record the statement of other party (petitioner) is sheer violation of subject article of constitution of Pakistan.

H.              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.     

I.                  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 call for record of blind case / FIR for which the S.H.O Sitta Road – District Dadu in supervision & direct control of respondent No. 04 has raided the house of petitioner to arrest the petitioner; as the concealment of said record if any, by respondents has made deprived the petitioner to approach the court of law & to recourse legal action for right of fair trial and due process.

B.              To call for, under what competency & capacity, the respondent No: 03 & 04 have appointed a person / respondent No: 05 as S.H.O Sitta Road Police Station, who remained under suspension & against whom many complaints & FIRs for commission of crime , corruption, corrupt practices & criminal activities are available in police record. 

C.              To direct the respondents No: 04 & 05, to not harass, arrest unlawfully or pressurize or not to act in aid of any tout / illegal element for compelling the petitioner to get withdraw  from recording the complaint / statement U/S 154 Cr.P.C  against S.H.O Sitta Road – District Dadu.

D.              To preserve the fundamental rights of the victims and restoring basic human values in erring police officials direct the respondents to frame set up / independent internal affair unit at Zonal or Division level for recording of FIRs / complaints against police personals, wherein complaints against police officers can be received from all sections of the society without any fear of partiality or prejudice and also through this set up or independent internal affair unit the directives of honorable courts for lodging of FIRs against police personals could not be hindered & compliance could be made without any delay.

E.               To direct the respondents No: 04, to facilitate the petitioner for and in accordance with law or in compliance of order dated: 08-4-2017 passed by honorable court of District & Session Judge Dadu.

F.               To direct the respondent No: 02 & 03 to initiate lawful action in consideration of facts & circumstances of this petition & punish Abdul Qayum Khoso - S.H.O Sitta Road – District Dadu.

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

____________________

        PETITIONER

NIC: 41203-1681932-9

Cell: No:03003088632

Karachi.                      

Dated: 19-04-2017.                               Farhan Khaliq Anwer                                                                                                    Advocate for the Petitioner.