ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO

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

 

Date

               Orders with signature of Judge

 

1.             For order on office objection.

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

3.             For hearing of main case.

 

21-05-2025

Mr. Bahadur Ali Shahani, advocate for the applicant.

Mr. Aitbar Ali Bullo, D.P.G for the State a/w Rao Arif, PSP AIGP Legal on behalf of IGP Sindh Karachi, Sajid Amir Saudzai, PSP SSP Kamber-Shahdadkot, Mehmood Hussain Simair SP/AIGP Legal O/B of DIG Larkana, Inayat Hussain Brohi, DSP Legal Kamber-Shahdadkot,

Sarfraz Pechuho, DSP/SDPO Kamber, Inspector Zulfiquar, SHO, PS Kamber city, SIP Mushtaq Gopang, SHO, PS Hyderi, Bashir Ahmed Abro, PDSP on behalf of SSP, Larkana.

.-.-.-.-.-.-.-.-.-.-.-.-.

AMJAD ALI SAHITO-J.:- This matter is part-heard. Through the instant Criminal Miscellaneous Application, the applicant, Mst. Sadaf, daughter of Muhammad Ramzan, by caste Haslo (now deceased), approached this 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 23-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 were not earnestly pursuing the arrest of the accused.on On 21.04.2025, the Senior Superintendent of Police (S.S.P), Kashmore @ Kandhkot, was directed to effect the arrest of the accused persons nominated in the First Information Report (F.I.R.), and specific instructions were issued in this regard. The matter was then adjourned to 23.04.2025. However, on the said date, the S.S.P. Kambar-Shahdadkot @ Kambar once again sought additional time to apprehend the nominated accused persons but failed to do so. Subsequently, on 28.04.2025, a further request for time was made by the same officer, yet no progress was achieved, and the accused persons remained at large. Finally, on 07.05.2025, the Inspector General of Police (I.G.P), Sindh, was directed to ensure the arrest of the accused named in the subject F.I.R. A compliance report was submitted today, which is taken on record. A perusal of the said report reveals that the I.G.P. Sindh has also failed to apprehend the nominated accused person.

8.    It has come to the attention of this Court that, in several cases, including Crime Nos. 20/2024 and 11/2024 of Police Station Naudero, and Crime No. 03/2024 of Police Station Aqil @ Peer Sher, as well as in Constitutional Petition (CPD) No. 130/2024, the petitioner alleged that despite the registration of FIR No. 181/2017 against Sikander Ali Mugheri and others, the police failed to execute their arrest. As a consequence of police inaction, the accused party allegedly attacked the petitioner’s side, resulting in the murder of an innocent person and subsequent registration of FIR No. 188/2017. The matter did not end there; additional FIRs have been lodged including FIR No. 266/2024 of PS Mehar, FIR No. 23/2025 of PS Guddu, FIR No. 77/2023 of PS Garhi Yasin, FIR No. 53/2024 of PS Chak Shikarpur, FIR Nos. 91/2017 and 150/2024 of PS Kashmore, and FIR No. 35/2024 of PS Mouladad.

9.     In the aforementioned Crime No. 03/2024 of PS Aqil @ Peer Sher, the accused, who were on pre-arrest bail, were allegedly involved in serious offences including murder of civilians and police officers, and injuring at least six persons. Upon dismissal of their bail applications, the local police authorities exhibited reluctance in arresting the accused solely on the ground that such action may provoke inter-tribal conflict. In another instance, a police officer who was the complainant in a criminal case deposed before the trial court against the accused. The said accused, however, subsequently murdered his son in his presence. Recently, in FIR No. 27/2025 registered by Sub-Inspector Police (SIP) Junaid Ahmed of PS Baqrani, it is reported that the accused persons attacked the police party.

10.       It has also been observed that in Larkana Division, whenever police officials attempt to arrest nominated accused persons, they are often met with armed resistance from hardened criminals, resulting in the deaths of several police officers. Despite the gravity of the offences and the absconding status of the principal accused, they continue to enjoy liberty and impunity, even though they are implicated in heinous crimes including multiple murders.

11.       In numerous cases within Larkana Division, it has been further observed that police officials, ranging from constables to Inspectors, have been targeted, tortured, and murdered by notorious individuals. Despite such grave incidents, no meaningful action has been taken by the senior hierarchy of the police to apprehend the perpetrators. In the aforementioned CPD, the petitioner has produced photographic evidence suggesting that the accused person is in contact with influential individuals, including officers of the rank of police, indicating a potential misuse of influence and protection being afforded to the accused.

12.      This matter exemplifies the deteriorating law and order situation, wherein Police Constable Fareed Hussain Haslo is alleged to have committed the murder of an innocent young woman, approximately 23 years of age. This Court has made continuous and earnest efforts to secure the arrest of the said accused, as well as other individuals nominated in various cases involving the killing of police personnel. However, the apparent indifference and inaction of the higher authorities have led to a situation where police officials, ranging from constables to Inspectors, are refraining from apprehending absconding accused persons.

13.  Notwithstanding the issuance of repeated and specific directives to the Inspector General of Police (I.G.P), Sindh, for the arrest of the accused persons named in the pertinent First Information Report (F.I.R), no substantial or satisfactory progress has been made. It prima facie appears that the maintenance of law and order within the Larkana Division has been effectively relinquished to criminal elements. The Senior Superintendents of Police (SSPs) of the concerned districts have demonstrably failed to discharge their statutory duties, thereby exposing the general public to a series of distressing incidents in violation of their constitutionally guaranteed fundamental rights. The Constitution of the Islamic Republic of Pakistan enshrines the protection of life and liberty of every citizen; however, such safeguards appear to have been blatantly disregarded. The I.G.P, Sindh, also appears to have failed in adequately supervising the performance of his subordinate officers, including the Deputy Inspector General (DIG) Larkana. In such circumstances, this Court cannot remain a passive observer and is constitutionally obligated to ensure the protection of citizens' rights.

14. Accordingly, I am constrained to direct that the Inspector General of Police, Sindh, and the Home Secretary, Sindh, shall appear before this Court in person to explain the failure of the police authorities within Larkana Division to fulfil their legal and constitutional obligations. They shall further submit comprehensive reports detailing the actions, if any, taken by the I.G.P against delinquent police officials in this regard. Should the explanation and reports submitted by the I.G.P and the Home Secretary be found unsatisfactory upon examination, this Court shall be compelled to consider issuing directions to the Director General, Rangers, Sindh, to intervene in the matter, particularly in areas where the SSPs have proven incapable of restoring peace and maintaining law and order a responsibility that unequivocally rests with the police.

15.   In light of the foregoing, it is hereby directed that the Inspector General of Police, Sindh, and the Home Secretary, Sindh, shall appear before this Court in person and submit detailed reports as stipulated above.

16.   Let a copy of this order be transmitted via fax so also through courier to the Chief Secretary, Government of Sindh, who shall place the same before the Chief Minister, Sindh, with specific directions to take necessary action for ensuring maintenance of law and order, as well as the arrest of absconding accused persons involved in various F.I.Rs, including those charged with the murder of police officials including accused Police Constable Fareed Hussain Haslo, who is implicated in the instant matter. Copies of this order shall also be transmitted via fax to the IGP Sindh so also Home Secretary Sindh for information and compliance.

17.    Adjourned to 29.05.2025. To be taken up at 11:00 a.m.

 

 

                                                                        Judge