ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Constt: Petition.No.D-309 of 2019.
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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,
01. For orders on office objection.
02. For orders on maintainability of main case.
09.02.2022
Mr. Gada Hussain Khan Baloch, Advocate for the petitioner.
Mr. Abdul Hamid Bhugri, Addl.A.G Sindh.
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Facts in brief necessary for disposal of instant constitutional petition are that Muhammad Wasul, who happened to be son of the petitioner was Police Constable at District Shikarpur, he died on 01.12.2016 on account of road accident, for that FIR Crime No.127/2016, u/s.320, 279, 337-G, 353 & 427 PPC was registered with P.S Khanpur, District Shikarpur; he was not declared as “Shaheed” for payment of requisite compensation and other benefits to the petitioner being his father by A.I.G.P/Welfare for Inspector General of Police, Karachi, vide order dated 17.01.2019, it is in these circumstances, the petitioner has filed the instant constitutional petition before this Court, inter-alia praying therein that PC Muhammad Wasul be declared as “Shaheed” with direction to the respondents to make requisite payment of compensation and other benefits to his family under “Shaheed” quota.
2. It is contended by learned counsel for the petitioner that late PC Muhammad Wasul has died in line of his duty; therefore, he is entitled to be declared as “Shaheed”, with payment of requisite compensation and other benefits to his family.
3. Learned Addl.A.G Sindh while making reference to the comments filed by S.S.P Shikarpur has sought for dismissal of the instant constitutional petition by contending that PC Muhammad Wasul lost his life in a road accident, therefore, he could not be declared as “Shaheed”.
4. We have considered the above arguments and perused the record.
5. 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); it 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”.
6. The bare perusal of above would make it obvious that three different situation(s), have been provided for declaration of a police official as “Shaheed”, which 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;
7. 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; that 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.
8. Admittedly, PC Muhammad Wasul 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 his family entitled for such compensation and other benefits.
9. It is well settled principle of law 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.
10. 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.”
11. In view of above, late PC Muhammad Wasul could not be declared as “Shaheed” making his family entitled to compensation and other benefits under “Shaheed” quota by this Court in exercise of its constitutional jurisdiction. Consequently, instant constitutional petition is dismissed accordingly.
JUDGE
JUDGE