ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Const. Petition No.D-2424 of 2011

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Date                      Order with signature of Judge

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  1. For Katcha Peshi.
  2. For hearing of Misc. No. 10953 of 2011.

 

 

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13.07.2011

 

          Mr. Muhammad Umer Lakhani, Advocate for the Petitioner.

          Syed Abdul Waheed, Advocate for the Respondent.

          Mr. Zulfiqar Ali Sanghi, State Counsel alongwith Mr. S.P.P. Zain Ali, S.P. Investigation-I, Zone, Mr. Saleem Akhtar Siddiqui, DSP Azizabad, Mr. Ishtiaq Ghori, SHO, Joherabad, SPP Gulberg, Asim Khan, Gulbarg Town and Mr. Maqsood Hussain Soomro, Section Officer, Home Department.

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    This Petition has been filed alleging that the Government Authorities are not properly implementing the order of this Court dated 21.03.2011 by which C.P. D-3277 of 2010 was disposed off whereby we had directed the police authorities to handle any law and order situation which arises and act strictly in accordance with law and maintain peace and take steps to prevent unnecessary disputes and bloodshed but without siding any party and strictly in accordance with law.

 

The police authorities are present before us and have filed comments. We are once again directing them to act strictly in accordance with law and not to side with any of the parties in this dispute and take all steps to maintain law and order situation. We are disposing off this petition in the manner that we are directing the SHO that if both the parties appear before him jointly and present a schedule of events to be held in Ramzan where there is no apprehension of any clash between the parties and the police authorities arrived at the conclusion that there is no apprehension of creation of any law and order situation they may approve such schedule subject to any condition they want to impose including asking both the parties to furnish securities and undertakings that they will not be involved in creation of any law and order situation and will not create any disturbances  in the events to be held by the opposing parties. This discretion will be exercised by the SHO only and only if both the parties appear before him with a joint statement, the SHO will however, be entitled to act in accordance with law and take all necessary preemptive actions if any of the clauses of the agreement entered into between the parties or any of the conditions which have been imposed by him are breached by any party, action will be taken in accordance with law.

 

This petition is disposed off in the above manner.

 

JUDGE

JUDGE

Sajid