2011 PLP 955 (YLR)

SYED ZAKIR HUSSAIN, J.

The police has submitted the report in `C' Class in the matter of Crime No.47 of 2010 of ' Police Station Aakil. It is an admitted position that the nominated accused were not subjected to arrest, interrogation and investigation. The S.H.O. of the same Police Station is one of the nominated accused and the others are working under his subordination therein despite registration of the case of the heinous crime which is strange and scandalous to the interest of the State for the reason that the purpose of registration of F.I.R. for and on behalf of the State on the basis of the statement of the complainant which is prima facie fair, appears to have been frustrated by the police particularly the I.O. of the case by dishonest investigation, which includes recording of statements of P.Ws. of the complainant and submission of the report of `C' Class. It is hard to disgust that the persons produced as witnesses by the complainant of the crime in question would have given the evidence of no crime which is against the very purpose of their production. The case of like nature needs significant attention as the same involves highhandedness of the police officials which serve no interest of the State rather it is a source of injustice and bringing bad name to the State. This is also surprising to note that the DPO and DIG concerned did not take nay personal interest towards fair and impartial investigation of the crime, although by virtue of registration of the F.I.R. within their official domain, they were bound by their duty and law to ensure such fairness. It is also a matter of great concern that normally in cases of murder under garb of police encounter by the subordinate police officials, the high-ups such as DPO, DIG and RPO etc. seem to be playing role of silent spectators and they do not bother to hold enquiry at their own level just to ensure that the encounter was fair and there was no excess or highhandedness on the part of their subordinates and such conduct can hardly be appreciated as duties towards public at large. The police officials are not to kill the people, they are bound to protect people and law is meant to protect people as well and where a police official is found involved in killing, he is also to be dealt with similarly as that of a normal murdered but with exception which is provided in law if he is found to have acted bona fide or in good faith and in otherwise case, he is to be subjected to criminal action like other people. In the instant case the investigation, as I have stated above is not fair and the complainant is present in Court and crying publicly that despite registration of the F.I.R. and gearing up the machinery of criminal justice system he has failed to finally get productive result and the case has been cut at its root in the first instance by the I.O. and officers who have acted upon his opinion which culminated in submission of the challan in 'C' Class, as stated above. By consent, `C' Class report, submitted by the police in the case before learned Incharge Civil Judge and Judicial Magistrate, Larkana, is called for being not fair and the investigation is handed over to Anwar Ali Gopang, DSP Headquarter Shikarpur. The present I.O. SIP Syed Fakharuddin Rashdi is directed to arrest the nominated accused SIP Imam Bux Lashari S.H.O. Police Station Aakil, in the case, and hand over his custody along with the necessary case papers to the appointed I.O. named above, who will record the statements of the witnesses of the complainant independently with free and fair investigation and then charge sheet the nominated accused before the Court of law and report compliance. The petition stands disposed of in the above terms. A.R.K./H-29/K Order accordingly.