ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 876 of 2017

Priority case

1. For hearing of main case

2. For hearing of MA No.9819/2017

14.01.2019

Mr. Muhammad Hamzo Buriro Advocate for the Applicant

Syed Sardar Ali Shah Rizvi, DPG for the State

Complainant Imdad Ali in person

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Irshad Ali Shah, J;- The facts in brief necessary for disposal of instant criminal miscellaneous application are that learned Sessions Judge Ghotki by taking notice of a news report published in daily Newspaper ‘Kawish’ dated 22.09.2017 with regard to rape with Mst. Sania, took cognizance whereof and then by making disposal of such news report recorded the following observation against the applicant and another.

“However the suspension of then SHO Saeed Ahmed and WHC Yar Muhammad Abro is minor punishment as they being public servant misused their powers and provided facility to the accused in serious case of rape, hence their act of misconduct is not ignorable. Let copy of this order be sent to Circle Officer, Anti-Corruption Ghotki to lodge FIR against them under scheme of law and submit compliance report to this Court.”

3. It is contended by the learned counsel for the applicant the applicant has nothing to do with the alleged incident; he has not been heard by learned Sessions Judge before passing of remarks against him which is against the spirits of natural justice. By contending so, he sought for setting aside of the remarks against the applicant with direction to learned Sessions Judge Ghotki to pass the same afresh, if need be after providing the chance of hearing to the applicant.

4. Learned DPG for the State who is assisted by complainant Imdad Ali was fair enough to say that the applicant has been condemned unheard by learned Sessions Judge before passing of impugned order against him.

5. I have considered the above arguments and perused the record.

6. There is nothing on record which may suggest that the applicant was heard by learned Sessions Judge Ghotki before passing of the remarks against him. In that situation, it is rightly being contended by the learned counsel for the applicant that the applicant has been condemned unheard. In these circumstances, the remarks passed against the applicant could not be sustained those are set aside. Consequently, learned Sessions Judge Ghotki is directed to pass the remarks against the applicant, if need be afresh after providing fair chance of hearing to him which is guaranteed by Article 10-A of the Constitution of the Islamic Republic of the Pakistan 1973, which reads as under:-

“10(A) Right to fair trial. For the determination of his civil rights and obligation or in any criminal charge against him a person shall be entitled to a fair trial and due process.”

7. The instant Criminal Miscellaneous Application is disposed of in above terms.

Judge

ARBROHI