Constitution Petition No.D-534 of 2013

 

Date                                                 Order with signature of the Judge

For Katcha Peshi.

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26th February 2013

Mr. Muhammad Naseeruddin, Advocate for Petitioner.

Mr. Zia Ahmed Janjua Deputy Superintendent Pakistan Rangers, Addl. SHO Mazhar Ali of PS Sohrab Goth and Addl. SHO Asadullah Dawoodpota of PS Gadap City are present in person.

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                        Mr. Habib Ahmed Advocate has effected appearance along with Mr.Zia Ahmed Janjua, Deputy Superintendent, Pakistan Rangers and files his vakalatnama, which is taken on record. Both Mr. Habib as well as Deputy Superintendent say that they are for the time being not in a position to make a definite statement, as to whether the detenue are in custody of Pakistan Rangers or not.

                        When both were confronted that notice on Pakistan Rangers was served on 15.2.2013 and the representative of Pakistan Rangers Major Ashfaque has effected appearance before this Court on 19.02.2013 and has sought time to file comments then why they are not in a position to make a definite statement regarding whereabouts of the detenue specially when the officer of Pakistan Rangers, who allegedly have detained the named person, have been arrayed as respondents. Mr. Habib Ahmed says that since the father of Col. Suleman has expired, therefore, they are not in a position to respond the allegation.

                        We are not persuaded to accept such statement specially when Pakistan Rangers are on notice for 11 days then how a definite statement regarding the custody of detenue cannot be made specially when serious allegations regarding demand of hefty bribe have been leveled. It is not expected from Pakistan Rangers that in absence of one person the entire organization would come to a standstill and that there will be no officer left with Pakistan Rangers in backup support system and no other officer would be in a position to admit or deny the custody of detenue allegedly detained by the Pakistan Rangers. We are compelled to observe with great pain that such state of affairs affects the reputation of Pakistan Rangers which no doubt is making hectic efforts to bring peace back to the city. We in order to provide an opportunity adjourn the hearing of this petition tomorrow i.e. on 27th February 2013 at 8:30am and in case a definite statement is not placed before this Court we will have no option but to issue notice for the appearance of the Director General, Pakistan Rangers.

 

JUDGE

 

                                                                                                JUDGE