ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Crl. Misc. Appln No. S-113 of 2025.

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DATE       ORDER WITH SIGNATURE OF HON’BLE JUDGE      .

1. For orders on office objection “A”

2. For orders on M.A No.1863/2025

3. For hearing of main case.

21-04-2025

                  Learned counsel for the applicant called absent.

                  SHO of PS Kambar City Zulfiquar Hadri present along with SIP Roshan Ali Chandio. I.O.

                                    *.*.*.*.*.*.*.*.*.*.*.*

Through the instant Criminal Miscellaneous Application, the applicant, Mst. Sadaf, daughter of Muhammad Ramzan, by caste Haslo (now deceased), approached this Honorable Court through her legal counsel. The application was filed before the learned 1st Additional Sessions Judge / Ex-Officio Justice of Peace, Larkana, seeking appropriate directions for her protection. She further prayed that Respondent No.1, the Station House Officer (SHO) of Police Station Hyderi, be directed to record her statement and, upon the disclosure of a cognizable offence, register an FIR in accordance with her narration.

2.    The facts giving rise to the present application are that on 10.03.2025, at approximately 07:30 PM, Police Constable Fareed Hussain, armed with a pistol and carrying a rope and a bottle of acid, unlawfully entered the residence of the deceased Mst. Sadaf. He placed a pistol to her head and attempted to murder her on the basis of false allegations. However, due to the timely intervention of her family members, her life was spared. Despite this, the said accused issued threats to kill her before leaving the premises. A similar incident was repeated on 14.03.2025.

3. Following these incidents, Mst. Sadaf approached Police Station Hyderi and also submitted applications to the Senior Superintendent of Police (SSP), Larkana, seeking protection. However, neither the SHO of PS Hyderi nor the SSP Larkana took any steps to provide protection or address her grievances. The copies of the said applications are available on record at Page Nos. 23 and 25.

4. Furthermore, the deceased had filed Criminal Miscellaneous Application No. 385/2025 titled Mst. Sadaf v. SHO Police Station Hyderi, before the learned Sessions Judge / Ex-Officio Justice of Peace, Larkana, wherein she sought protection and legal action against Police Constable Fareed Hussain. However, said application was dismissed by the learned Additional Sessions Judge-1 vide order dated 19.03.2025.

5. It is a well-settled principle that the police authorities are under a statutory duty to provide protection to the citizens, particularly women, who are under imminent threat. However, in the present case, the police authorities have demonstrated gross negligence and failed to discharge their fundamental duties.

6. The record reveals that the deceased made several representations to the SSP Larkana in an attempt to safeguard her life against the imminent threat posed by the accused, Police Constable Fareed Hussain. Despite her persistent efforts and pleas for protection, evidenced by video recordings, newspaper articles, and social media posts, the concerned authorities failed to take any preventive measures.

7. It is pertinent to note that Mst. Sadaf, a 29-year-young girl working as a teacher, was ultimately brutally murdered by the accused Police Constable Fareed Hussain in the presence of her family members. The FIR regarding this heinous act was registered belatedly on 08.04.2025. It is further alarming that, despite the lapse of 16–17 days, the accused has not been apprehended, suggesting that the Investigating Officer and the SSP Qambar are not earnestly pursuing the arrest of the accused.

8. Today, the Investigating Officer/SHO of Police Station Qambar City appeared before the Court and submitted that efforts are ongoing to apprehend the accused; however, no tangible progress has been made thus far.

In view of the foregoing, let notice be issued to the Additional Advocate General Sindh, the Additional Prosecutor General, and the respondents.

Accordingly, the following order is passed.

(a).  The Deputy Inspector General (DIG), Larkana Division, is hereby directed to transfer the investigation of Crime No.124/2025 registered at Police Station Qamber City, District Qamber-Shahdadkot, under Sections 302 and 337-H(ii) of the Pakistan Penal Code (PPC), to an officer not below the rank of Assistant Superintendent of Police (ASP). The said officer shall conduct the investigation in a fair, impartial, and expeditious manner, ensuring recovery of the weapon used in the commission of the offence as well as all relevant digital evidence, including the video that was circulated on social media platforms and published in newspapers.

(b).  The Senior Superintendent of Police (SSP), Qamber-Shahdadkot, is directed to constitute a special police team under his direct supervision for the immediate arrest of accused Police Constable Fareed Hussain, who is nominated in Crime No.124/2025 of Police Station Qamber City. Upon arrest, the accused shall be handed over to the officer designated by the DIG, Larkana Division, to carry out the investigation.

(c).   The Inspector General of Police (IGP), Sindh, is directed to initiate a formal inquiry into the conduct of the SSP, Larkana, for his alleged gross negligence and dereliction of duty, which resulted in the tragic murder of Mst. Sadaf, a highly educated young girl. It is observed that had timely and adequate protective measures been taken by the SSP Larkana, the life of the deceased might have been saved. His failure to act facilitated the commission of this heinous offence by Police Constable Fareed Hussain, who is also reportedly continuing to issue threats to the complainant and his family members.

(d).  The SSP, Qamber-Shahdadkot, is further directed to ensure that adequate police protection is provided to the complainant, Rizwan, and his family members under the provisions of the Witness Protection Act. It is hereby clarified that in the event of any untoward incident affecting the complainant party, the SSP Qamber-Shahdadkot shall be held personally responsible for the consequences.

Let a copy of this order be transmitted via fax to the Inspector General of Police, Sindh, for immediate information and compliance. Copies shall also be sent via fax to the DIG, Larkana Division, SSP Larkana, and SSP Qamber-Shahdadkot for their respective information and necessary action.

         To come up on 23.04.2025, at 09.30 a.m.

         JUDGE