1988 P Cr (PLP)

(1) Sessions Case No.1888/1975 State v. Abdul Rehman and others under section 364/34 P.P.C. This case was registered at Police Station, Ferozabad, Karachi on 11-8-1975 and complainant is Mst. Rashida. The charge-sheet was filed on 15-10-1975. The petitioner has been shown as accused No.3 (absconder) in Column No.2. The charge was framed on 5-4-1982 which reads as under:- "I, Miss Sabiha Mirza VIth Additional Sessions Judge, Karachi, do hereby charge you:- (1) Abdul alias Abdur Rahim son of Din Mohammad. (2) Abdul Rehman son of Din Muhammad. (3) Mst. Noori w/o Din Muhammad as under: That on 10-8-1975 at about 12-30 p.m. at Baluch Colony Karachi 'kidnapped minors Mst. Jamila and Mst. Hameeda from the custody of their mother Mst. Rasheeda alongwith absconding accused Ghafoor and Mst. Sakina and thus committed an offence punishable under section 363, P.P.C. within the cognizance of the Court of Session. And I further charge you Abdul that in furtherance of common intention you took the minors to Lahore and on 8-9-1975 you got Mst. Jamila married to absconding accused Ghafoor against her will and absconding accused raped her and thus, you committed an offence punishable under section 364-A/368/376, P.P.C. within the cognizance of the Court of Session. And I hereby direct you to be tried by this Court." In the charge the petitioner has not been shown as absconder whereas the names of absconder accused Ghafoor and Mst. Sakina are specifically mentioned. Akhtar Islam A.S.I. was examined. He produced two warrants of absconders and stated that Ghatoor and Mst. Sakina are not likely to be arrested. Till 15-12-1981 i.e. 6 years after the challan, the petitioner is not shown as accused (absconder). The order under section 512, Cr.P.C. was passed by the VIth Additional Sessions Judge, Karachi on 5-12-1981 and thereafter the charge was framed on 5-4-1982. On 11-5-1983 an application was moved before the Additional Sessions Judge (Miss Sabiha Mirza) Karachi, purporting to have been filed by Mst. Rashida, complainant in which it was stated that proceedings be drawn against absconder accused Mohammad Nawaz son of Fateh Mohammad. The Judge without verifying the facts passed the following order:- "Issue N.B.W. against accused Mohammad Nawaz for 23-7-1983 and warrants under sections 87 and 84, Cr.P.C. against accused Ghafoor and Mst. Sakina." Petitioner Mohammad Nawaz was arrested in pursuance of the warrants issued by the Additional Sessions Judge. The applications were moved before the Judge who finally passed the following order on 14-12-1983. "I have looked into the challan and the F.I.R. It appears that the name of the accused has been added with a different ink and handwriting in the F.I.R. and the challan. As it will not be proper at this stage to acquit the accused on this application unless the case proceeds so in view of the report of SHO concerned and the request of the accused the accused is released on personal bond in the sum of Rs.5,000 for his appearance in Court." While hearing this petition in this Court a counter-affidavit was filed by the petitioner on the comments of the Judge. The Additional Sessions Judge, Karachi stated in her remarks (extract from the remarks is as under):- "Regarding para. 7, I submit that whatever I have done in this case is in good faith and without any motive or illwill with detenu Mohammad Nawaz. However, I am really shocked to learn that respondent or any other enemy of detenu had with connivance and collusion -with the corrupt officials of the Court committed forgery in the record of this file and by misleading me got non-bailable warrants issued against a person who was not in fact wanted in the two Sessions cases. My humble submission is that the staff and the person committing the mischief be dealt with according to law. Regarding contents of sub-para (b) I may submit that it was pointed out to me by the Reader of this Court who misled me to believe that the name of accused was shown as absconder in the challan. Further that my Reader Jamal Ahmed, placed an application before me on 18-5-1983 purported to have been thumb-marked by Mst. Rashida and who is first informant and complainant in this case for taking action against absconding accused. I, in good faith ordered the issuance of N.B.W. against accused Mohammad Nawaz for 23-7-1983." It is regretted that in spite of all the facts the learned Judge did not acquit the accused but continued the proceedings against him, even though petitioner was not required in a case. It is clear from the order passed on 14-12-1983 referred above that she had not taken any action against the Reader.

2. Sessions Case No.4075/1976 pending in the Court of Vth Additional Sessions Judge, Karachi. The FIR of this case under section 307/324/34. P.P.C. was lodged on 5-3-1973 by Riaz Ali, at Korangi Police Station, Karachi. A charge-sheet was submitted on 20-3-1973 against Umer, Babu and Kaley Khan and VIth Additional Session Judge, Karachi (Miss Sabiha Mirza) framed charge against above-named persons on 18-1-1982. This case was committed to the Court of Sessions on 25-9-1973. Till then petitioner Mohammad Nawaz was not shown as absconder. The case proceeded. All of a sudden on 11-5-1983 an application was moved before the Court in which it was stated that the petitioner was also absconding since 1976. On this application the proceedings were drawn against him. The Additional Sessions Judge, Karachi on 17-5-1983 passed the following order:- "Issue N. B .W. against Mohammad Nawaz for 9-6-1983." Mohammad Nawaz was arrested. He made an application stating therein that he is falsely involved due to forgery. The statement of Mohammad Yousif S.I. Police Korangi was recorded, by the Judge who stated that petitioner Mohammad Nawaz was not accused person. In this case also the name of the petitioner is shown in column No.2 of the challan with red ink. The Additional Sessions Judge has stated in the comments that petitioner is not accused. Moreover the SRO Korangi Choudhry Mohammad Ashraf has filed written statement in this Court on 13-2-1984 in which he has stated that Mohammad Nawaz (petitioner) is neither accused in Crime No.74/73 nor was shown as absconder in the challan. Therefore it is clear that petitioner is not required in the above case, His name in column No.2 has been incorporated in the Court with the connivance of the staff of the Court and non-bailable warrants were issued against the petitioner. He was arrested and he remained in jail for some time.

3. Case No.6780/1975 State v. Ali Mohammad Shah and others under section 307/34, P.P.C. and Case No.361/1980 State v. Hanif. The case under section 307/34/427 P.P.C. was registered at Police Station Quaidabad on 18-4-1974 against Ali M. Shah and others. The case was challaned. This petitioner was not shown absconder at that time but his name was subsequently added in the column No.2 of Charge Sheet in the Court.

4. Case No.361/1980 State v. Hanif Shah and others under section 307/34, P.P.C.. This case was registered on 21-3-1980 at Preedy Police Station, Karachi. A charge-sheet was filed on 27-3-1980 against Fateh Mohammad and Hanif Shah. The name of the petitioner is shown in red ink in Column No.2 of the charge-sheet. The cases bearing Nos.6780/1975 and 361/1980 are pending in the Court of Vth Senior Civil Judge/ Assistant Sessions Judge, Karachi, The Assistant Sessions Judge in his comments stated as under:- "I do not dispute that the name of Mohammad Nawaz was inserted in the challan later on in column of absconders. I am absolutely not in a position to say when this name was added and as to who is behind this whole drama. Apparently and on the face of it the name of this Mohammad Nawaz was added with different ink and different hand." He also frankly admitted in his comments that he after recording statement of Police Officer found that there was interpolation in the record Mr. Mohammad Sarwar S.H.o Quaidabad and Mr. Hamid Ahmad S.H.O. P.S. Preedy. Karachi have filed statements ran 13-2-1984 in the Court in which they have stated that petitioner was not required in the cases referred above and he was not shown absconder in the charge-sheets, submitted in the Courts. Case No.1149/1980 State v. Mohammad Nawaz under section 307/34, P.P.C. This case was registered at P.S. Ferozabad, Karachi on 30-9-1980. The charge-sheet was submitted and on 4-4-1981 a charge was framed against Amer Aziz and three accused. The petitioner was not shown as absconder but subsequently at later stage his name was added in the challan in column No.2 and was shown as absconder. The case diary shows that till 28-4-1983 the process was being repeated against absconder accused Shoeb only. It is only or. 19-5-1983, a process in the shape of non-bailable warrants was ordered against petitioner Mohammad Nawaz, and thereafter the same order was repeated. The process order against Mohammad Nawaz was passed on application purported to have riled on 19-5-1983 by the complainant. The signature on this application also seems to be doubtful. S.H.O. Ferozabad P.S. Mohammad Hayat in his written reply stated that petitioner has not been shown accused in the above crime.

6. Case No.72/1983 State v. Mohammad Nawaz under section 14 Hudood Ordinance. The above case was registered at Police Station, Dock Karachi on 26-7-1980. The charge-sheet was submitted on 26-7-1980 against Shoukat Ali. The petitioner Mohammad Nawaz was shown as absconder and his name appears in Column No.2 of the charge-sheet. He was arrested on 26-7-1980. A charge was framed against him. The Asstt, Commissioner & Sub-Divisional Magistrate, Harbour, Karachi in his comments stated that co-accused of the case Shoukat Ali was convicted but petitioner was subsequently produced by Dock Police, Karachi alongwith a police report as he was shown absconder by A.C.M.3, South Shariat Court, Karachi. He was arrested on 26-10-1982. He has however stated that according to record the petitioner was not accused in the case. Mohammad Mehboob, SHO Dock Karachi, in his written reply in this Court has stated that petitioner Mohammad Nawaz was not required in the above case and only Shoukat Ali was challaned. He has clearly stated that name of Mohammad Nawaz was not included or mentioned in the charge sheet. The S.H.Os. have made the statements after verifying the entire police record, available with them. For the reasons discussed above in detail, it is crystal clear that petitioner Mohammad Nawaz was not required in all the move six cases but his name was subsequently added in the challan in the Courts. He was all along being harassed and put in jail from time to time due to gross negligence on the part of the Presiding Officers of the Courts. Not only this but even when it was pointed out to the Judges they failed to give him relief, though after holding enquiry they were satisfied that he is not required in the cases. Unfortunately he could not get justice and was not acquitted. I do not appreciate the way in which the cases of petitioners were dealt with by the Presiding Officers. The Judicial Officers should not only do the justice but see that justice done and win the confidence of the people. The petitioner Mohammad Nawaz is not an accused in the above six cases. Acquittal is recorded for the accused person but his name was added by way of forgery and manipulation, I therefore order that his name be deleted from the challans. The proceedings against him are hereby quashed. This is a serious case of negligence on the part of Presiding Officers. I am of the opinion that this mischief has been done in the Courts in collusion with some interested persons. It seems that some gang has been working and tampering with the Court record. I am satisfied that Judges who are responsible Judicial Officers cannot afford to be the party in such ugly things but definitely some members of the staff of the Courts are responsible for which enquiry should have been made by the officers concerned immediately, Presiding Officers have tailed to do so. I order that learned Sessions Judge Karachi conduct enquiry in this matter and take suitable action according to Rules against the persons responsible for this kind of mischief. A copy of this order alongwith copy of petition, comments of the Presiding Officers and Statements of SHOs be sent to tie learned Sessions Judge, Karachi. The R & P be returned back to Courts. They should proceed against the remaining accused according to law. M.Y.H./M-577 /K Petition allowed.