2006 PLP 1939 (MLD)

MUHAMMAD MUJEEBULLAH SIDDIQUI, J.

Petitioner Habib Solangi is called absent, though he was present on 15-5-2006. The reason of his absence appears to be the order which was passed on 15-5-2006 in his presence. It was informed to the Court that the petitioner Habib Solangi is nominated in two F.I.Rs. lodged at Haji Khan Shar Police Station Taluka Kashmore. The petitioner was still found at large and therefore, learned Addl. A.-G. was asked to give direction to D.P.O. Kashmore at Kandhkot and Mr. Iqbal Ahmed Qureshi T.P.O. Kashmore to appear in person along with police papers and to explain as to why the accused named in the F.I.R. one of which is in murder case, has not been arrested so far. In these petitions, the petitioner has alleged maltreatment at the hands of Muzaffar Ali Kalwar D.S.P. Headquarter Kandhkot. Yesterday comments were filed on behalf of Shahab Mazhar Bhali District Police Officer Kashmore at Kandhkot wherein it was stated that the petitioner is masterminded criminal. The particulars of the F.I.R. were given in which he has been nominated as accused. It was further stated that in fact the petitioner was arrested on 22-4-2006 by A.S.-I. Muharram Ali Narejo of Police Station Gudu in a case of breach of peace. It was further stated that the A.S.-I. Muharram Ali Narejo along with his staff of P.S. Gudu brought the petitioners for making inquiry into the complaint submitted by Kamdar Muhammad Yaqoob Kalwar addressed to the S.H.O. Police Station Gudu, A.S.-I. Muharram Ali arrested the petitioner under section 151, Cr.P.C. and released them on bail on the surety of Taluka Nazim. A very intriguing situation which has emerged from the report of D.P.O. is that F.I.R. No. 6 of 2005 of Police Station Haji Khan Shar District Kashmore at Kandhkot under sections 324, 436, 148, 149, 427, 428, P.P.C. read with section 13-(d) Arms Ordinance, 3/4 of Explosives Act, was already registered and another F.I.R. No.7 of 2005 under sections 302, 436, 148, 149, 427, 428 , P.P.C. read with 13(d) A.O. and 3/4, Explosives Act was also recorded. A.S.-I. Muharram Ali Narejo of Gudu Police Station arrested the petitioners in case of breach of peace and released them on surety. The question arises as to whether Gudu Police Officers were unaware of the absconders in two F.I.Rs. and if so it speaks volumes about itself of the inefficiency of the District Police Officers including Shahab Mazhar Bhalli the present District Police Officer Kashmore at Kandhkot. The officer has stated that he was posted as D.P.O. Kashmore at Kandhkot on 22-11-2005. This shows that after taking over the charge, he has not taken trouble of examining 4s to who were the absconders in the District, required in connection with heinous offences. It further shows that no system is working because if there are certain absconders, every police station at least in the district, if not in the province, is required to have information about the absconders. The result is that the petitioners who are absconders in two F.I.Rs. referred to above were arrested and released and the District Police Officer was totally unconcerned ignorant and oblivious of state of affairs in his District. In both the petitions there are complaints against the Gudu Police Station for maltreating them and exceeding their authority. I am of the opinion that the matter is too serious and requires a thorough inquiry. Both the petitions are therefore disposed of in the terms that the complete sets of the memo. of petitions and annexure along with the report submitted by the D.P.O. including annexure be sent to the Provincial Police Chief with the direction to get an inquiry conducted from an officer not blow the rank of D.I.G., who should specifically consider the allegations raised by the petitioners in these petitions and further make inquiry as to how the two petitioners required in two F.I.Rs. alleging to have committed heinous offences were arrested and released. It should also be examined whether the present incumbent Shahab Mazhar Bhalli is a person competent enough to be given charge of the District as neither he has made any arrangement of keeping all the police stations in the District informed about the particulars/details of the 'absconders required in the heinous offences nor after coming to know that the two petitioners nominated in two F.I.Rs. of Haji Khan Shar Police Station were arrested by Gudu Police and were released have initiated any action so far. The petitioners were arrested and released about one month ago and the D.P.O. appears to be in deep slumber enjoying cool wind of air conditioner in his office while the District is burning red under scorching heat of crime and insecurity. I have been informed by the learned members of the bar that the law and order situation in the Districts Larkana, Shandadkot at Kamber, Kandhkot, Dadu and Jacobabad is very alarming and there is complete breakdown of the law and order to the extent that the citizens are not feeling secure even in day time either on journey or in their houses. From the assertions made by the learned members of the bar in various cases, it appears that we have been taken back to state of nature as described by Habbes, before the establishment of Government where the life was solitary, poor, nasty, brutish and short. It is high time for Provincial Chief to personally look into affairs and take strict action against D.P.Os. and trot against constables only to redress the situation. The Provincial Police Chief shall submit his detailed report within one month with information about the action taken by him for restoring the law and order, strengthening the police system and punishing responsible police officers in this case including D.P.O., D.S.P., T.P.O. and S.H.O. The Additional Registrar shall place copy of the report received from Provincial Police Chief in Court for perusal. H.B.T./H-18/L Order accordingly.