ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1925  of  2013

_______________________________________________________________                                        Date                      Order with signature of Judge 

_______________________________________________________________

For Katcha Peshi:

(Notice issued for 9.5.2013)

09/05/2013:

Mr. Jawed Ahmed Chhatari, Advocate for the petitioner.

Mr. Shahzado Saleem Nahiyoon, APG for the respondents.

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          Petitioner Azra Munawar through the instant petition seeks following reliefs:-

a)       To declare the act of the respondent No.1 & 2 are illegal, ultra vires, unconstitutional, misuse of their official power and ab-initio.

b)       To call the respondent No.1 & 2 to produce the record and reports against the detune if any before this Hon’ble Court.

c)       To direct the respondent No.1 & 2 to produce the custody of the detune namely Arif Khan before this Hon’ble Court and may release him if he is not required in any case.

d)       Costs of the petition.

e)       Any other relief or relives this Hon’ble Court deems fit and proper under the circumstances of the case.

          Notices were issued to the respondents as well as Prosecutor General Sindh.

          SHO P.S. Mominabad, Distrrict Karachi-West has filed the comments.

          We have heard the learned counsel for the parties.

          In the comments filed by SHO P.S. Mominabad it is mentioned that on 26.4.2013 an incident of bomb blast took place in which 13 persons were killed and forty five persons were injured and FIR of the incident bearing Crime No.131 of 2013 under Sections 3/4 of Explosive Act and under section 302/324/427/34 PPC and Section 7 of Anti-Terrorism Act was registered at P.S. Mominabad. Arif Khan S/o Munawar Khan, being owner of the Rikshaw was arrested by the police on 5.5.2013 in the aforesaid crime and police custody remand has been obtained till 20.5.2013. Therefore, apparently, detention of Arif Khan is not illegal or unauthorized. As such, no case of illegal detention is made out. The instant Constitution Petition is without merit and the same is dismissed.

JUDGE

JUDGE

S.Akhtar