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
>>>>>>>…<<<<<<<<
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