Protection from harassment

Petitioner sought direction to restrain the police authorities from harassing, blackmailing, arresting him and continuously visiting his house

Contention of petitioner was that his brother, who had been disavowed by his father, had allegedly borrowed certain amount from private respondent; that the private respondent got the petitioner arrested and illegally confined; that the police was conducting continuous raids at his house and that too without any search warrant and accompanying any lady constable

Held; present case was of private money lending, which was an offence under S. 4 of the Balochistan Prohibition of Private Money Lending Act, 2014

Police instead of initiating proceedings under the private respondent had started pressurizing the petitioner to pay the alleged outstanding amount

Calling petitioner repeatedly to police station or compelling him for return of alleged amount was palpably without jurisdiction

Such dispute could only be resolved by the competent court of law that too after recording of evidence

Constitutional petition was allowed and the official respondents were restrained from any kind of interference between the parties in respect of the dispute in question.

Grievance of the petitioner was that in the wake of a fabricated inquiry (by FIA) he was issued call up notice(s) to harass and arrest him

Contention of petitioner was that impugned notices were purposely communicated late with the only aim to harass and humiliate him

Validity

Court was not supposed to interfere with the process of inquiry wherein the main aim was to dig out the truth and to fix the responsibility upon the delinquent and thereafter to register a case, if made out

Constitutional petition was disposed of with direction to the petitioner to associate with the inquiry with direction to the FIA authorities not to keep the inquiry pending rather to proceed with it expeditiously.

Alleged abductee/wife stated before court that she was happily living with the petitioner and also produced affidavit of free will and Nikahnama

High Court granted protective bail to the petitioner for seven days to enable him to approach the concerned court which was trying him for alleged abduction, and directed officials concerned to provide the alleged abductee/wife protection so that she may get on with her matrimonial life as per her wish

Constitutional petition was disposed of accordingly.