2009 PLP 110 (YLR)
Mst. BANO — Petitioner Versus SULEMAN BHUTTO and others — Respondent
| Citation | 2009 PLP 110 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Syed Zawwar Hussain Jaffery and Azizullah M. Memon, JJ |
| Parties | Mst. BANO — Petitioner Versus SULEMAN BHUTTO and others — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2009 PLP 110 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 110 (YLR)?
The case was heard and decided by the Karachi bench comprising: Syed Zawwar Hussain Jaffery and Azizullah M. Memon, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 110 (YLR) (Mst. BANO — Petitioner Versus SULEMAN BHUTTO and others — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aijaz Shaikh for Petitioner.
- Masood A. Noorani Addl. A.-G. along, with Suleman S.I.O. Police Station Qazi Ahmed for Respondents.
Headnotes / Summary
Ss. 340 & 342
Constitution of Pakistan (1973), Art.199
Constitutional petition
Wrongful confinement
Counsel for the petitioner had submitted that S.H.O. had released two detenus out of three after receipt of notice of the case and that third one was still in confinement
Contents of allegation showed that a case for registration of F.I.R. was made out
Petitioner was directed by High Court to appear before the concerned D.P.O. along with a copy of complaint and the order of High Court who would direct to register the F.I.R. of the petitioner at police station
D.P.O. was further directed to withdraw S.H.O. from relevant police station and a fair inquiry be conducted against him through some impartial officer, not below the rank of Inspector.
Judgment & Decree
Learned Addl. A.-G. has filed statement on behalf of respondent No. 1 along with list of cases registered against one Idrees son of Khameso husband of petitioner Mst. Bano. Learned counsel for the petitioner submits that the respondent No. 1 has released the detenus Younus and Amir Mallah after receipt of notice of this case. This petition was filed on 20-10-2004 whereas the F.I.R. against the husband of the petitioner was registered on 25-10-2004 and the incident has taken place two months ago. The respondent No. 1 has denied the allegations of wrongful confinement, of detenus as well as release of detenue Younus and Amir Mallah. The petitioner has alleged that on 16-10-2004 at about 5-30 p.m. the respondent No. 1 along with his subordinate staff forcibly entered into the house and took the search of house, scattered house hold articles, took four gold bangles, 2 lockets, 2 rings, 3 earrings, one licensed rifle of her husband and cash of Rs.11,000 on gun point. Detenu Hafiz Abdul Samad is still in confinement of respondent No.
1. From the contents of allegations mentioned in para-3 a case for registration of F.I.R. is made out. The petitioner is directed to appear before the concerned DPO along with a copy of complaint and this order, who will direct to incorporate the F.I.R. of the petitioner at police station Qazi Ahmed. The DPO is further directed to withdraw Muhammad Sulleman S.H.O. Police Station Qazi Ahmed from relevant police station and a fair inquiry be conducted against him through some impartial officer not below the rank of Inspector under the supervision of DPO/SP (Investigation). The petition stands disposed of in above terms. H.B.T./B-45/K Order accordingly.