ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D.1158 of 2015.

Date Order with signature of Judge

Hearing case.

11.01.2016.

Mr. Abdul Salam Memon for Petitioner.

Mr. Sabtain Mehmood A.A.G.

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The petitioner is widow of Shaheed HC- Muhammad Ghani son of Muhammad Hussain (H.C-4368), who was martyred on 27.03.2011. F.I.R. No.99/2011 was registered at Police Station Saddar, which was subsequently disposed of in ‘C’ class however, after recording fresh statement of complainant Ayaz Hussain (younger brother of Shaheed Muhammad Ghani) matter was sent to the DSP, Saddar Zone with permission to register fresh F.I.R. Consequently, F.I.R. No.195/2011 was registered at P.S Brigade. Present case is confined to the claim of compensation to a Shaheed’s family. The Corrigendum dated 21.1.2011 issued by Senior Superintendent of Police, Jamshed Quarters Karachi, available at Page 21, in which Muhammad Ghani was declared Shaeed. Another certificate dated 5.3.2012, is attached at page 43, to show that SSS/PSP, District East Karachi, confirmed that prior to this certificate the case was not recommended for compensation. Another recommendation is also available at page No.45, issued by the Senior Superintendent of Police District East Karachi for the payment of compensation. On 17.2.2012, a letter was written on behalf of AIGP, Karachi, Range to DIGP, East Range Karachi calling upon to submit some documents required for the payment of compensation and vide letter dated 1.3.2012 the S.S.P., District East Karachi sent all relevant documents.

The learned counsel for the petitioner argued that despite making various hectic efforts and approaches to the concerned authorities, they have not paid compensation amount and from the month of August 2013, the salary of Shaheed has also been stopped which is payable to the petitioner.

After going through the record what we have found out that Shaheed Muhammad Ghani lost his life on 27.3.2011 in the line of his duty and for last considerable period the case is pending without any progress and conclusion and the petitioner who is widow of the Shaheed Muhammad Ghani is facing torture and miseries.

When we confronted aforesaid documents to the learned A.A.G, he could not be able to controvert the same and he argued that if policy of the compensation is made it should be implemented immediately in case of Shaheed police officials. There is no denial that Muhammad Ghani was not declared Shaheed and the matter is being delayed unnecessarily.

As a result of our discussion the respondents are directed to ensure the payment of compensation and other benefits strictly in accordance with law to the petitioner within a period of one month. If any formality is required to be fulfilled, the petitioner may be asked to submit further documents and compliance.

Petition stands disposed of. Copy of this order may be transmitted to Secretary, Home Department, Secretary, Finance Department Govt. of Sindh and Inspector General of Police, Sindh, for compliance. The learned counsel for the petitioner also invited our attention to prayer clause (C) that son of Shaheed Muhammad Ghani, who is presently minor so he wants order of this Court for his job on attaining the age of majority. At this juncture this prayer is not maintainable the petitioner’s son may apply for the job in accordance with law and rules at the time when he will be eligible for the job, which application will be considered at that relevant time strictly in accordance with law.

JUDGE

Ashfaq.