IN
THE HIGH COURT OF SINDH AT KARACHI.
Date Order with
signature of Judge
For Katcha Peshi.
Dated: 24.05.2012
Mr. Salahuddin Khan Gandapur for the petitioner.
Mr. Miran Muhammad Shah, Addl. A.G.
Mr. Ali Haider, APG along with Ali Sher Jakhrani, AIG (Legal), Qamar Ahmed DSP CID/AEC Garden and PISP Aleemullah on behalf of SSP Thatta.
Mr. M. Ilyas Khan a/w Mr. Muhammad Farooq for respondent No.5.
Detenue Muhammad Shahid Bikak produced before the Court.
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The controversy that remains to be resolved in this case is whether the detenue was arrested from Thatta or from Karachi. The petitioner claims that the detenue has in fact been arrested from Thatta in the morning of 23.04.2012, though as per FIR the arrest was made on the same date i.e. 23.04.2012 but was effected from his hideout/house at Karachi after an encounter and certain recoveries were also made from the detenue at the time of his arrest, which, as noted above, is refuted by the petitioner who insists that the detenue in fact was arrested from his residence in Bikak Mohalla, Burqa No.1, Abbasi Road, Thatta, and neither has there been any encounter nor was any recovery made from his possession. We would, therefore, with the consent of the parties dispose of this petition by directing the trial Court to explore the truth between the two statements by recording relevant evidence. At this point, learned counsel for the petitioner expresses apprehension that the petitioner and his relatives may be harassed by the police and some physical harm may also be caused to them. To allay the apprehension of the learned counsel for the petitioner we would direct the respondents not to harass the petitioner and his family members illegally and unlawfully and ensure their security in accordance with law.