ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constt. Petition No.S-1831 of 2017
|
Date |
Order with signature of Judge |
For katcha peshi
22-9-2017
Mr. Ajeebullah Junejo, Advocate for
the petitioner
Mr.
Mehboob Ali Wasan, AAG a/w SIP Ghulam Hyder
on
behalf of SSP Sukkur and SIP Noor Ahmed Leghari SHO PS
Mubarakpur
.-.-.-. -.-.-.-.-.-.-.-.-
The petitioner
was allegedly declared ‘Karo’ by the private
respondents particularly respondent No.4 in relation to his wife. Private
respondent No.4 and his wife are present and state that they have never
declared the petitioner ‘Karo’ and no harassment was
ever caused to his life, liberty or security. Mr. Sunder Khan Chachar Advocate files vakalatnama
on behalf of private respondents as well as files objections to the instant
petition where he stated on behalf of private respondents that while there is
an FIR pending against the father and uncle of the petitioner, they have no
grievance against the petitioner. Thus not inclined nor intend to cause any
harassment to the petitioner. Counsel for the petitioner submits that father
and uncle of the petitioner are already on bail in the said FIR and facing
criminal proceedings.
Whole exercise
appears to be a out come of a civil dispute as alleged
by the petitioner where the private respondents aim to take over lands of
petitioner’s father. While the petitioner is now hiding from the respondents,
his father and uncle are named in the FIR. The counsel for the petitioner
submits that the area police is siding with the
private respondents, with the ulterior motive to facilitate them eventually
grab the lands of the petitioner. Area police is present in court and through
their statements have stated that they never harassed the petitioner or his
family members on the instance of the private respondents, nor intend to do so
and necessary protection will be provided to the petitioner and his family in
accordance with law if and when required. Counsel for the petitioner submits
that he is willing to have the petition disposed of with the direction to the
area police to act strictly in accordance with law, not to harass the
petitioner and his family and if there are any criminal proceedings those must
proceed in accordance with law.
With regard to private respondents, counsel
for the private respondents also seeks protection from the petitioner and his
family, which assertion as per the counsel for the petitioner is laughable
since the petitioner’s house has been demolished by the private respondents and
they are hiding from these respondents. Be that as it may, no one should be
left to take law in his hand and police to ensure that all parties of the
instant litigation are provided equal protection.
With these undertaking
given by learned AAG on behalf of official respondents,
and by the private respondents the instant petitioner is disposed of.
Petitioner however himself fears for his life and
property from the hands of private respondents and it is alleged that the area
police is supporting the private respondent. It is thus reiterated that no
harassment be caused to the petitioner or his family.
Pursuant to this
court’s order of today if any harm is caused to the petitioner, the area police
will be held responsible. Area police to ensure safe passage of the petitioner
to his property and vigilance be kept that his family, his life, property and
liberty remain protected. A copy of this order be
supplied to AAG as well as SSP Sukkur.
JUDGE
Suleman Khan/PA