ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-468 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Agha Faisal,

For hearing of main case.

11.01.2022

                        Mr. Farhat Ali Bugti, Advocate for the petitioner.

                        Mr. Liaquat Ali Shar, A.A.G Sindh.

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IRSHAD ALI SHAH, J;- The facts in brief necessary for disposal of instant constitutional petition are that Naseebullah, who happened to be husband of petitioner was Police Constable at District Kashmore @ Kandhkot, died on account of road accident, when was going to attend his duty at Circular Post, Kashmore @ Kandhkot, for that an FIR being Crime No.229/2019, u/s.322, 320, 337-G, 279, 427 PPC was registered with P.S A-Section Kandhkot, District Kashmore @ Kandhkot; he was not declared as “Shaheed” for payment of requisite compensation to the petitioner being his widow by the A.I.G.P/Welfare for Inspector General of Police, Karachi, vide order dated 16.10.2020, it is in these circumstances, the petitioner has filed the instant constitutional petition before this Court, inter-alia praying therein that the above said order of the A.I.G.P/Welfare for Inspector General of Police, Karachi, be declared to be illegal and her late husband to be declared as “Shaheed” for requisite payment of compensation.

2.                     The contesting respondents in their comments have sought for dismissal of the instant constitutional petition by supporting the decision taken by the A.I.G.P/Welfare for Inspector General of Police, Karachi.

3.                     It is contended by learned counsel for the petitioner that late       PC Naseebullah died in line of his duty; therefore, he is entitled to be declared as “Shaheed”, with payment of requisite compensation to the petitioner being his widow as some other officials in similar situation have been declared as “Shaheed” by the police department.

4.                     It is contended by learned A.A.G Sindh that late PC Naseebullah has not died in encounter with criminals, therefore, he could not be declared as “Shaheed”. By contending so, he sought for dismissal of the instant constitutional petition.

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

6.                     The petitioner has come for compensation, provided under specific legislation, therefore, it would be conducive to examine the definition of term “Shaheed”, which is provided under Clause-2(f) of Sindh Shaheed Recognition and Compensation Act, 2014 (Sindh Act No.XVI of 2014);            which reads as;

“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”.

7.                     The bare perusal of above would make it obvious and clear that three different situation(s), have been provided for declaration of a police official as “Shaheed”, those are enumerated below;-

i) he sacrifices his life in line of duty in counter terrorism;

ii) he becomes victim of an act of terrorism operation; or

iii) he is targeted and killed by terrorists group;

8.                     There can be no denial to the fact that the police official may meet its natural death while performing his duties or may be killed in result of personal enmity etc; would not be sufficient to declare him as “Shaheed” and it appears to be the reason that declaration of one as “Shaheed” is subject to certain conditions / situations, therefore, the use of specific words like ‘counter terrorism’; ‘terrorism operation’ and ‘target killing by terrorists group’ shall always be required to be given its due meaning.

9.                     Admittedly, PC Naseebullah has neither lost his life in counter terrorism nor became victim of an act of terrorism operation or targeted/killed by terrorist group, therefore, the A.I.G.P/Welfare for Inspector General of Police, Karachi, was quite justified not approving his case for his declaration as “Shaheed” to make the petitioner entitled for such compensation.

10.                   It is well settled principle of interpretation that when the plain language of a statue admits no other interpretation then the intention of the legislature, conveyed through such language is to be given its full effect.

11.                   In case of Ghulam Hyder and others vs. Murad through legal heirs and others (PLD 2012 SC-501), it is observed by the Honourable Apex Court that;

“----Where the plain language of Statute admits of no other interpretation then the intention of the legislature conveyed through such language is to be given its full effect.”

12.                   Therefore, late PC Naseebullah could not be declared as “Shaheed” by this Court while making interference with the order of A.I.G.P/Welfare for Inspector General of Police, Karachi, which is found to be perfect, only to benefit the petitioner at the cost of public exchequer under the pretext that in similar like cases some other police officials in past have been declared to be “Shaheed” by the police department itself.

13.                   In view of facts and reasons discussed above, the instant constitutional petition fails and it is dismissed accordingly, with no order as       to costs.                                                                                                                                                                                     JUDGE

                                                                             JUDGE       .