ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C.P. No.D-1795 of 2019

&

C.P. No.D-38 of 2020

Petitioner in C.P.

No.D-1795 of 2019 : Kenhar Khan Narejo

Through Mr. Muhammad Qayyum Arian, advocate

Petitioner in C.P.

No.D-38 of 2020 : Aijaz Ali Narejo

Through Khuda Dino Sangi, Advocate

P.O. Sindh : Through Mr. Zulfiqar Ali

Naich, Assistant Advocate General

Date of hearing : : 16.07.2020

Date of Order : 16.07.2020

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O R D E R

ADNAN-UL-KARIM MEMON, J: By filing these writ petitions, attention of this Court has been drawn towards problem of missing of persons, who could not be traced despite efforts made by their nears and dears. The petitioner namely Kenhar Khan Narejo has prayed for issuance of direction to the official respondents to ensure safe recovery of his minor son namely Zubair (aged about 07 years).

Learned AAG has pointed out that though the police officials have tried their level best to locate the whereabouts of his minor son but could not succeed, however, they are ready to cooperate with the petitioner in case he provides any concrete evidence with regard his whereabouts then they will act strictly in accordance with law. He next pointed out that so far as detenue Ajeeb Ali is concerned, he has already been involved in FIR No. 109/1999, registered for offences under Section 302 PPC, at Police station Gambat and now he is confined in Central Prison, Sukkur.

We have heard counsel for the parties. It is the usual practice as and when missing report is made, the police officials enter only a Daily Diary Report and not an FIR. This practice has been deprecated by this Court in various orders passed from time to time observing that such a procedure is not correct and justified. Under the circumstances, we direct the official respondents that as and when any report is made regarding missing of any individual, immediately an FIR should be registered. They are required to monitor the entire process of tracing out the missing individuals so that criminals may not escape with the child/ person.

In view of the forgoing, the above writ petitions stand disposed of with the aforesaid directions, in the meanwhile the official Respondents to cooperate with the petitioner and locate the whereabouts of his minor namely Zubair and if he provides concrete evidence against anyone regarding his detention, the police official shall act strictly promptly in accordance therewith.

JUDGE

JUDGE