ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

C.P. No. D – 248 of 2013.

DATE ORDER WITH SIGNATURE OF JUDGE

14.06.2016.

FOR KATCHA PESHI

Syed Shafique Ahmed Shah, Advocate for the petitioner along with the petitioner.

Mr. Allah Bachayo Soomro, Addl. A.G. Sindh along with DSP Abdullah Unar SDPO Wanah District Qambar Shahdadkot and Inspector Muhammad Qasim DIGP Office S.B.A.

Syed Meeral Shah Bukhari, D.P.G. for the State.

---------

The petitioner is father of deceased Barkat Ali who was performing his duties as Constable in Police Department. On 8.11.2010 the son of petitioner was murdered by the dacoits and an F.I.R. No.299 of 2010 has been registered.

The grievance of the petitioner is that his son was not given status of Shaheed nor the compensation has been paid while the respondent No.3 issued the Death Proforma for the financial assistance in which it is clearly mentioned that the son of the petitioner lost his life in the line of duty and SSP also made recommendations for the payment of death compensation.

Learned A.A.G. has filed the comments of respondents No.2 and 3 in which it has been stated that the son of the petitioner was murdered due to personal enmity and the Committee scrutinized the record thereafter they reached to the conclusion that no declaration of Shahadat could be given. The respondent No.3 has also filed the comments in which he again stated in response to paragraph-6 of the petition that the recommendations were made for the grant of death compensation to the family of Shaheed and the matter has been moved to the EPO (IG Sindh) Karachi. The Investigating Officer of Crime No.299 of 2010 of Police Station Hatri is also present. He stated that the murder was committed as a result of personal enmity, therefore, the petitioner is not entitled for the death compensation liable to be paid in case of Shaheed police officials and the Standing Order 248 of 2010 does not apply in the facts and circumstances of the case.

The counsel for the petitioner despite the defence of the respondents, reiterated that nothing was placed on record to show any personal enmity which may satisfy that the son of the petitioner had not lost his life in the line of duty. He submits that though the Committee has decided against the petitioner but an application was also moved thereafter to the I.G. Sindh but no order has been passed on this application so far.

It is well settled proposition of law that disputed questions of facts cannot be decided in the writ petition. The plea has been taken by the petitioner’s counsel that nothing was placed to show any personal enmity and on the contrary respondents have taken the stand that the son of the petitioner had not lost his life in the line of duty which cannot be decided here, therefore, we direct the I.G.P. Sindh Karachi to place the matter of the petitioner’s son Barkat Ali again before the concerned Committee so that they may once again examine the core issue as to whether there was any personal enmity or not or the petitioner’s son had lost his life in the line of duty.

This exercise should be completed within three (03) months and the Committee Members may also call the petitioner and provide him opportunity of hearing on the issue of personal enmity if any.

The petition is disposed of accordingly. A copy of this order may be transmitted to I.G.P. Sindh Karachi and learned A.A.G. for information and compliance.

JUDGE