1993 P Cr (PLP)

Muhammad Hanif Kashmiri for Applicant. Azizur Rehman Shaikh for A.-G. for the State. Date of hearing: 16th August, 1992.. This application under section 561-A, Criminal Procedure Code is moved on behalf of applicant Muhammad Aslam Gujar, under section 14 of the Sindh Crimes Control Act, 1975, pending before the Tribunal/S.D.M. Jamshed Quarters, Karachi. The said proceedings have been initiated against the applicant through a police report submitted by the S.H.O. Police Station Gulshan-e-Iqbal, Karachi. This report was submitted on 13th April, 1992 on which date the statement of the said S.H.O. was also recorded and thereafter warrants for the arrest of the applicant was issued. The perusal of the police report shows that vague and general allegations have been levelled against the applicant. It is mentioned therein that the applicant is a terrorist, has been involved in kidnapping for ransom cases, victimises innocent peoples, has ill-repute and is dangerous to the society. He is such hardened and incorrigible persons that ordinary provisions of Penal Laws arid the fear of punishment for crime is not sufficient to prevent; him from his activities. The police report is completely devoid of the provision of section 6 of the Sindh Crimes Control Act, 1975. It is incumbent upon the Police Officer to give details of the time and place of the act complained of as provided by section 6 of the said Act. Whereas no such details are given in the said police report. What is more that numbers of two F.I.Rs. are mentioned but there is nothing on record to show where these two cases are pending or the applicant was at all convicted in any of the said offences. Furthermore in the last line of the police report it is mentioned that the list of P.Ws. is enclosed. The perusal of the R&P which has been called, shows, the list of P.Ws. was never submitted alongwith the police report. With the result the present case is not supported by any prosecution witness. I have heard Mr. Muhammad Hanif Kashmiri, learned counsel for the applicant and Mr. Azizur Rehman Shaikh, learned Advocate for A.-G. The latter has very rightly conceded to this application. It has been contended by the learned counsel for the applicant that in the said proceedings the applicant was arrested in April, 1992 and he is facing proceedings which has no material substance and therefore, the applicant is being harassed. I have carefully applied my mind to the facts of the case and have also taken notice of the arguments advanced by the parties concerned. The perusal of the police report shows that the allegations are completely vague and it is not supported by any source whatsoever. These proceedings are preventive in nature and are not punitive. These proceedings substantially deal with the character and reputation of an individual and therefore, it becomes necessary to substantiate the same by independent witnesses who reside at the place where the applicant is residing. Admitted position in this case is that not a single witness is cited in the case and the entire case rests upon the statement of the S.H.O. concerned who has filed the police report. With this position, I am in agreement with the learned counsel for the applicant as well as for the State that the proceedings against the applicant are clearly an abuse of the process of the Court. If such proceedings are allowed to continue it will either operate or perpetuate grave injustice and therefore, to secure the ends of justice the said proceedings are liable to be quashed. Accordingly the proceedings pending against the applicant before the learned Tribunal/S.D.M. Jamshed Quarters, are hereby quashed. The applicant is on bail, his bail bonds are discharged. N.H.Q./M-1813/K????????????????????????????????????????????????????????????????????????????? Proceedings quashed.