ORDER SHEET
IN THE HIGH COURT OF SINDH,
CIRCUIT COURT, HYDERABAD.
C.P.No.D- 752 of 2015
DATE ORDER WITH SIGNATURE OF JUDGE
1. For orders on office objection.
2. For orders on MA 11395/2016.
3. For Katcha Peshi.
08.12.2016.
Mr. Faisal Nadeem Abro, Advocate for petitioner.
Mr. Allah Bachayo Soomro, Additional A.G. alongwith Khadim Hussain Rind, DIGP Hyderabad Range and Abdul Jameel Hashmi SP Legal, Hyderabad.
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Though instant petition, the petitioner has prayed as under:-
“Direct the respondents to declare the death of PC/10620 Rizwan Ahmed as martyr and release financial benefits / compensation amounting to Rs.20,00,000/- within shortest possible time by declaring him as martyr.
b). Direct the respondents to release monthly salary and other allowances of martyr PC Rizwan Ahmed till age of his superannuation as per policy and rule of Sindh Police.”
2. At the outset, counsel for the petitioner contends that the petitioner was performing his duty on snap checking with other staff in vehicle mobile No.4 of Police Station Qaidabad in night shift and he was hit by one Mazda Truck No.JY-9052 hence he received serious injuries and subsequently succumbed. Respondents have filed their comments. Reply of paragraph No.4 and 7 is that:-
“4. As regards the contents of para No.4, it is submitted that the deceased PC/10620 Rizwan Ahmed was actually on snap checking duty to trace the criminal activities in the jurisdiction of Police Station Quaidabad on 06.11.2013 when he had expired due to hit of a private vehicle viz. Mazda Truck No. JY-9052.
7. As regards the contents of para No.7, it is submitted that the SSP District Malir while sending intimation of the incident which had taken place in his jurisdiction had mentioned vide his letter No.SSP/MALIR/DIB/2013/4118 dated 11.11.2013 that PC/10620 Rizwan Ahmed was martyred due to hit of private vehicle while he was on night duty on 06.11.2013. Subsequently the case of deceased PC/10620 Rizwan Ahmed was finally discussed in the concerned Committee constituted by the Government of Sindh, Home Department, in its meeting held on 04.12.2014, under the Chairmanship of the Additional Inspector General of Police, Crime Branch Sindh, Karachi, wherein the case of the deceased PC/10620 Rizwan Ahmed was scrutinized at length and it was declared that the said Constable do not fall under the criteria of “Shaheed” vide letter No.AIGP/Welfare/KW-II/17796-99 dated 10.12.2014.”
3. According to respondents deceased PC Rizwan was not falling within the notification No.FD(SR-III) 10 (06) / 2006 therefore, it would be conducive to refer instant notification which is that:-
“No. FD (SR-III) 10 (06) / 2006. Consequent upon to approval of Chief Minister Sindh the following enhancement in compensation to the Officers / Officials of Sindh Police with effect from 01.06.2009, irrespective of grades killed / incapacitated in encounters including bomb blasts, riots, watch and ward duties or terrorist activities but not including road accidents are notified herewith:-
|
S.No. |
Description |
Existing compensation |
Enhanced rates |
|
1. |
Compensation to the families of Shaheed Officers / Officials irrespective of grades. |
Rs.500,000/- |
Rs.2,000,000/- and one plot. |
|
2. |
Permanent incapacitation |
Rs. 300,000/- |
Rs.500,000/- |
|
3. |
Temporary incapacitation |
Rs.50,000/- to Rs.150,000/- |
Rs.50,000/- to Rs.200,000/- depending upon the gravity of injury. |
2. The modalities of allotment of plot to families of Shaheed Officers / Officials would notified separately either by Police Welfare Fund or Board of Revenue Sindh.
3. It is further clarified that the claims of incidents prior to 1st June, 2009 shall not be entertained under enhanced rates.
Sd/-
Finance Secretary
Karachi, dated the 20th May 2009.
4. Learned A.A.G. contends that deceased was hit by a private vehicle hence he cannot be given benefit under aforesaid notification which relates to the encounters, bomb blasts, riots watch and war duties as well terrorist activities but not to the road accidents.
5. We have examined the said notification which categorically says that it would be effective from 01.06.2009 to all the officials of Sindh police irrespective of grades killed/incapacitated in encounters including bomb blasts, riots, watch and ward duties or terrorist activates.
6. Plea of learned A.A.G. that such benefit can only be extended to the officials killed in or incapacitated in terrorist activities is not appealing to a prudent mind as terrorist activities shown as separately by use of ‘Or’. The notification does make the officials, killed or incapacitated while on ‘watch and ward duties’ entitled for benefits thereof else the phrase ‘watch and ward duties’ would not have been included in such notification.
Admittedly, deceased was on snap checking. At this juncture obituary, attached with the petition, for sake of brevity, is reproduced herewith:-
“The Superintendent of Police, SRP Base-II, Qayyumbabad Karachi is deeply grieved to learn about untimely death of the Police Constable No.10620 Rizwan Ahmed s/o Ghulam Hussain of SRP Base-II, Qayyumabad Karachi. He was deployed at Quaidabad Police Station Karachi for law & order duties, who on 06.11.2013, was deployed at the Government Vehicle-Mobile No.4, of the Police Station in the night shift alongwith other Police Men, was on snap checking to trace the criminal activities as well as to prevail law & order situation in the jurisdiction of the Police Station at the duty point at near Kala Pani. At about 06:10 hours, he was hit by a private speedy Mazda Truck No. JY-9052, resultantly, he got seriously injured, was then taken to the Jinnah Hospital, Karachi by a Chippa Ambulance, but unfortunately he succumbed to death. Hence, a case FIR No.510/2013 U/s 320, 427, dated 06.12.2013 was registered at the Quaidabad Police Station, Karachi, as reported by SHO, Quaidabad Police Station Karachi, vide his office report No. SHO/PS Q’ABAD/4078, dated 08.11.2013.
The deceased Police Constable No.10620 Rizwan Ahmed s/o Ghulam Hussain was born on 01.02.1983 and he joined the Police Service on 15.07.2009 as a Police Constable.
The Superintendent of Police, SRP Base-II, Qayyumabad Karachi and all Ranked Police Officers of SRP Base-II, Qayyumabad Karachi offer their deepest sympathies to the bereaved family members. May ALLAH (Almighty) give you courage and strength to bear the loss. AMEEN.
Sd/
(NAZIR AHMED MIRBAHAR)PSP
SUPERINTENDENT OF POLICE
SRP BASE-II, QAYYUMABAD
KARACHI.”
7. The above categorically shows that the deceased PC Rizwan was deployed at Qaidabad police station Karachi for snap checking to trace the criminal activities as well as to prevail law & order situation. Such duty shall include within meaning of ‘watch and ward duty’. It has never been the stand of the respondents that the deceased while on his watch & ward duty was guilty of any negligence which (negligence) resulted into his death, therefore, the Senior Superintendent of Police, Malir had mentioned / declared the deceased as ‘martyred’ while referring his case to Committee, as is evident from comments of respondents referred hereinabove.
8. In view of above, we are of the considered view that the case of the petitioner’s son is falling within the aforesaid notification hence the petitioner is entitled for that benefit as per notification.
Petition stands allowed in the above terms.
JUDGE
JUDGE
Tufail