AMIR BUX alias NAEEM vs Haji ABDULLAH and 5 otherss
This criminal miscellaneous application arises out of a habeas corpus or related matter concerning the whereabouts of a missing lady, Mst. Bibi Kulsoom. The core legal question involved the accountability of local law enforcement regarding the production of the detained person and allegations of illegal confinement of private respondents at the police station by the Station House Officer. The Sindh High Court held that the S.H.O. had produced a baseless report and was complicit in keeping persons in illegal custody, directing the Sessions Judge to register a First Information Report against the delinquent S.H.O. and supervise the investigation. Furthermore, the father of the missing lady was directed to appear at the police station for the registration of an F.I.R., to be investigated by an independent officer not below the rank of Inspector. The application was disposed of accordingly.
- Whether a Sessions Judge can be directed to get an FIR registered against a delinquent police officer found keeping persons in illegal custody?
- How should an investigation be handled when an SHO produces a baseless report regarding a missing person and is implicated in illegal detention?
- What procedure is to be followed when there are counter-versions and no clue regarding the whereabouts of a missing person?
ORDER
' MUHAMMAD MOOSA K. LEGHARI, J.---Objections have been filed by respondent No,1, which are taken on record. Copy has been supplied to learned counsel for the applicant.
2. S.H.O., Kadhan has submitted a report stating therein that the lady was not traceable.
3. Learned State counsel as well as learned Advocate for the parties have been heard.
4. According to the report of the S.H.O. The lady is with respondent No,1, but the report has no basis to that effect. It appears that he has cooked up the report as the respondent No,1 and his brother were found in his illegal custody during the raid, he having kept them at Police Station, Kadhan. It Is stated that the matter of illegal confinement is pending before the Sessions Judge, Badin, and according to the S.H.O.'s repot, he is appearing there. It is un-understandable as to why the matter is being prolonged. Admittedly, the respondents Nos.1 and 2 were found in the illegal custody of the S.H.O. The Sessions Judge is accordingly, directed to get a F.I.R. Registered against the SIP/S.H.O.
Muhammad Qasim Panhwar at Police Station, Kadhan. The investigation of the case shall be supervised by the Sessions Judge himself or by an Additional Sessions Judge.
5. There is no clue about the lady. There are counter-versions. In the circumstances, Haji Abdullah father of Mst. Bibi Kulsoom is directed to appear at the Police Station, Kadhan, for registration of F.I.R. Kadhan Police shall register the case, which shall be investigated by an independent officer, not below the rank of Inspector.
' With above observations, criminal miscellaneous application is disposed of.