IN THE HIGH COURT
OF SINDH, BENCH AT SUKKUR
Const. Petition No. D- 3175 of 2015
|
DATE OF HEARING |
ORDER WITH SIGNATURE OF
JUDGE. |
Mst. Sahib Khatoon………………..…………………………….Petitioner.
Versus
P.O.Sindh and others………………………………………….Respondents.
For
hearing of main case.
Present:
Mr. Justice Muhammad Shafi Siddiqui &
Mr.
Justice Rasheed Ahmed Soomro
For the petitioner: Mr. Irfan
Ahmed Panhwar Advocate.
For the respondents: Mr. Ahmed Ali Shahani, Assistant A.G.
M/s Liaquat Ali Shar,
Additional A.G and Irshad Hussain Dharejo Amicus Curiae
Date of hearing: 14-11-2018
Date of short Order: 14-11-2018
O R D E R
RASHEED AHMED SOOMRO J., Through instant petition, petitioner Mst.
Sahib Khatoon Panhwar seeks declaration to the effect that her deceased
husband, namely, Muhammad Ramzan Panwhar may be declared as Shaheed as he
embraced martyrdom during encounter with the criminals while performing his
duties. Petitioner further seeks that respondents may be directed to give all
benefits to the petitioner of her deceased husband.
2. The
brief facts of the case, as stated in the petition, are that the Petitioner is
wife of Muhammad Ramzan (Police Constable No. 1112) who embraced martyrdom
during encounter with criminals while he was performing his duties on
16.07.2014 at P.S, Jhirk-Thatta. Such obituary was issued by
3. Pursuant
to notices, respondents furnished their para-wise comments, wherein they have
categorically taken a stance that the case of petitioner’s husband was put up
before the Committee constituted in pursuance of the letter of Home Department,
Government of Sindh was held on 16.04.2015 and the Committee unanimously decided
that the case of deceased PC-1112 Muhammad Ramzan Panhwar does not fall under
the criteria of “Shaheed” as per existing/applicable rules. As far as benefits
of deceased PC- Muhammad Ramzan are concerned, it is stated that all benefits
have been released to the heirs of deceased except financial assistance and
group insurance, which are pending with the concerned authorities.
4.
Learned counsel appearing on behalf of petitioner contended that the petitioner
is wife of Shaheed, namely, P.C-Muhammad Ramzan, who was martyred during encounter
with the criminals while performing his duty in Police Uniform. Such FIR was
also got registered at P.S Jhirk-Thatta vide crime No. 35 of 2014 for offences
under sections 302, 109 PPC on 17.07.2014; that despite the fact that the
husband of Petitioner was strongly recommended to be declared Shaheed by the
officers concerned, but the Committee has not declared the husband of
petitioner as Shaheed without any lawful justification and such act on the part
of the Respondents is not warranted under the law; that the respondents are
bound to give all the benefits to the petitioner of her Shaheed husband so as
to enable the Petitioner to provide sustenance to the family of Shaheed and
also provide them all necessities of life.
5. Learned
Assistant A.G representing the respondents argued that the case of Petitioner’s
deceased husband was put up before the Committee that was constituted in
pursuance of Home Department Government of Sindh vide letter dated 29.11.2011.
The Committee held on 16.04.2015 reviewed the case of Petitioner’s husband and
unanimously decided that the case of deceased PC/1112 Muhammad Ramzan does not
fall under the criteria for Shaheed as per existing/ applicable rules. He
further submits that all the benefits except financial and group insurance have
been paid to the heirs of deceased husband of petitioner.
6. We
have heard learned counsel for the parties and Amicus Curiae as well as perused
the material available on record.
7. In
order to clarify the legal position arose in the present case we first take up
legal issue regarding declaration Petitioner’s husband as Shahheed under Sindh
Shaheed Recognition and Compensation Act 2014 (Sindh Act No. XVI of 2014)
published in Sindh Government Gazette on 11.06.2014. Upon perusal of the Act
2014, prima facie the case of Petitioner’s husband does not fall within the ambit of definition
clause (f) of Section 2 of Sindh Shaheed Recognition and Compensation Act,
2014, provides definition of Shaheed which reads as under:-
“Shaheed” means a person who offered
sacrifice of his life in line of duty in counter terrorism or becomes victim of
an act of terrorism operation or targeted and killed by terrorists group and
declared Shaheed in the manner prescribed by Government.”
8. We
have perused the rejection letter dated 03rd June, 2015, issued by
the Committee headed by Additional IGP Crime Branch, Sindh, which is reproduced
as follows:
“A meeting of the committee as
constituted by the Government of Sindh, Home Department vide Notification No.
POL-II-HD/7-125/2011, dated 29.12.2011, was held in the office of DIGP H.Qtrs
Sindh, Karachi on 16.04.2015 under the Chairmanship of Addl IGP Crime Branch
Sindh, Karachi. The committee scrutinized the following cases received from
various Ranges Units as shown against each for declaration of as Shaheed.
The Committee unanimously decided that
the investigating officers be called/interviewed to decide either following
06-cases be declared as Shaheed or not in accordance with the existing rules,
therefore, after the needful, in purview of existing rules, the competent
authority i.e. Inspector General of Police Sindh not approved following
06-cases as Shaheed as they do not fall under the criteria for recognition as
Shaheed”
|
S.# |
Rank & Name |
District |
D/O Death |
|
1 |
HC/878 Murad Ali
Malik s/o Manthar Ali |
Kashmore |
01.09.2012 |
|
2 |
PC/1864 Dilawar
Bago s/o Haji Khan Muhammad |
Naushehro Feroze |
01.08.2014 |
|
3 |
DPC/739 Arzee
Khan Khoso s/o Mirza Khan |
Matiari |
20.11.2014 |
|
4 |
PC/513 Syed Abid
Hussain s/o Syed Fazal Hussain |
Hyderabad |
07.12.2014 |
|
5 |
PC/31713 Naveed
Iqbal s/o Muhammad Iqbal |
RRF |
09.12.2014 |
|
6 |
PC/1112 Muhammad
Ramzan Panhwar s/o Pir Bux. (His cases was Reviewed |
Thatta |
16.07.2014 |
The complete case files enclosed with
original Service Books are hereby returned back with request to initiate their
cases for Financial Assistance if they have not paid previously”.
This report was based on recommendation of Fida Hussain,
Sr. Superintendent of Police Thatta dated 15.09.2014, where deceased was said
to have been sleeping after performing his duty.
9. In view of
the findings of the Committee, we are of the considered view that the Committee
has rightly rejected the claim of the Petitioner. Besides, Petitioner has
failed to establish case of violation of any Law. So far as remaining benefits
of Financial Assistance and Group Insurance of the deceased husband of the
petitioner are concerned, the respondents are directed to expedite the process
for releasing the said benefits to the legal heirs of deceased husband of the
petitioner and it is expected that needful be done preferably within a period
of two months.
10. In the light of above discussion we are of the
considered view that Police Department cannot circumvent the law to declare any
official of Police department to be Shaheed without declaration as Shaheed as
provided under section 2(f) of Sindh Shaheed Recognition and Compensation Act,
2014.
11. For the foregoing reasons, the instant
Constitutional Petition was dismissed by a short order dated 14.11.2018 and
these are the reasons in support of our short order.
JUDGE
JUDGE
Ahmad