ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

C.P.No.S-  919  of   2015

DATE       ORDER WITH SIGNATURE OF JUDGE

22.10.2015.

          Mr. Mohsin Ali Almani, Advocate for petitioner a/w petitioner.

Mr. Anwar H. Ansari, State Counsel a/w Imdad Ali Mallah, SHO PS Lundo, District Sanghar.

Respondents Akhtar Hussain, Noor Ali, Riaz Ali and Aamir Ali present in person.

                   =

          Mr. Wali Muhammad Jamari files power on behalf of respondents No.6, 7, 9 and 10 whereas SHO PS Lundo, respondent No.4 files comments, which are taken on record.

          Petitioner Muhammad Ibrahim has filed the instant Constitution Petition against the respondents, in which it is stated that 52 detenues namely 1. Khamiso, 2. Raheem, 3. Dhani Bux, 4. Hussain Bux, 5. Mst. Jannat, 6. Mst. Zareena, 7. Mst. Reshma, 8. Mst. Hakeema, 9. Mst. Amnza, 10. Mst. Hawa, 11. Irfan, 12. Aslam, 13, Yar Muhammad, 14. Rani, 15. Haji, 16. Gul Hassan, 17. Gul Sher, 18. Mst. Allah Bachari, 19. Mst. Begum, 20. Mst. Ashar Bano, 21. Mst. Pathani, 22. Mst. Sanam, 23. Husna, 24. Mst. Khadija, 25. Mst. Zebo, 26. Nadeem, 27. Vidio, 28. Akber, 29. Ghulam Nabi, 30. Mst. Maryam, 31. Wazeer, 32. Asghar, 33. Juman, 34. Ali Sher, 35. Mst. Shahzadi, 36. Mst. Sakina, 37. Mst. Guddi, 38. Mst. Hajra, 39. Mst. Laila, 40. Mst. Kanwal, 41. Sajan, 42. Babo, 43. Mst. Sunhani, 44. Mst. Fatima, 45. Nazeer, 46. Rajub, 47. Mst. Zainab, 48. Mst. Rukhsan, 49. Achar, 50. Arbab, 51. Mst. Zulekha and 52. Mst Asma, were in illegal detention of respondents No.5 to 10 namely Bakhat Khan, Akhtar, Noor Ali, Shamsuddin, Riaz and Aamir. SHO PS Lundo was directed to recover the detenues and produce them before this Court. Today SHO PS Lundo has produced the detenues before this Court. The major detenues male and female state that they were in illegal detention of respondents No.5 to 10 namely Bakhat Khan, Akhtar, Noor Ali, Shamsuddin, Riaz and Aamir since so many years. All the detenues state that nothing is being paid by respondents to them.

          Learned advocate for petitioner submitted that detenues were in illegal detention of private respondents.

          Mr. Wali Muhammad Jamari appearing on behalf of private respondents No.6, 7, 9 and 10 argued that detenues had taken loan from the respondents No.5 to 10 and they are working at the lands of respondents No.5 to 10 since 32 years.

          It appears that some detenues are minors. All the detenues male and female state in one voice in Court that they were in illegal detention, nothing has been paid to them.  Therefore, they are set at liberty to go to place of their choice with direction to the SHO PS Lundo to provide them protection in accordance with law. SSP Sanghar shall also ensure that no harm is caused to them by respondents No.5 to 10. Petitioner Muhammad Ibrahim is present in Court, he submits that he will lodge FIR against the respondents No.5 to 10 namely Bakhat Khan, Akhtar, Noor Ali, Shamsuddin, Riaz and Aamir but state that he is a poor person, police will not register FIR.

          In the view of above, SHO PS Lundo is directed to record the statement of petitioner Muhammad Ibrahim. In case, from his statement a cognizable offence is made out, such FIR shall be registered against respondents No.5 to 10 namely Bakhat Khan, Akhtar, Noor Ali, Shamsuddin, Riaz and Aamir in accordance with law. SHO PS Lundo shall submit report. SSP Sanghar shall also ensure the compliance of the Court orders.

          Let the copy of the order be sent to SSP, Sanghar for compliance. Learned advocate for petitioner does not press instant petition more. The petition is accordingly disposed of.

                                                                             JUDGE

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