MUHAMMAD SARWAR vs SOOFIA LATIF, ADJ, KARACHI (CENTRAL) And 8 Other

1. "That record of Criminal Case No.420 of 1990, pertaining to F.I.R. No.323 of 1990, of Police Station Temoria under sections 302/34, P.P.C. Pending in the Court of learned IIIrd Additional Sessions Judge (Ms. Sofia Latif) Karachi, Central State v. Abdul Qayyum and others; case pertaining to Crime No.24 of 1996 Police Station City Court Karachi, under section 419, P.P.C. Pending in the Court of IVth Judicial Magistrate Karachi South State v. Muhammad Sarwar (the petitioner); Petition. No.156 of 1996, Muhammad Jalil and others v. S.H.O. Police Station City Court etc. And PSA No. 1247 of 1996, dated 3-6-1996 of MIT Sindh High Court may be called, heard and decided by this Court and it may also be adjudicated whether an under trial prisoner could be subjected to labour, whether it is constitutional and how much labour work could be taken from them etc."

2. The applicant also prayed for dismissal of respondents from their posts, and five years ban on practice of respondents/advocates, and for payment of compensation for causing mental torture, harassm ent, disgrace, damage to the petitioner, besides initiating trial against them etc. The brief background of the case is as follows:-- Sessions Case No.420 of 1990 is pending on the file of learned IIIrd -Additional Sessions Judge Karachi Central. In this case; one Abdul Qayyum is accused and he was on bail. He remained absent from the trial Court and on 8-7-1996, application for condonation of his absence from 2-5- 1996 to 2-6-1996 was submitted on the plea that allegedly one Muhammad Sarwar had misguided him by posing himself as an advocate and had informed him that he would solve the problems and also asked him not to appear in Court.

3. This application was dismissed by the learned trial Court on 9-7-1996 and, accused Abdul Qayyum was remanded to custody: During those proceedings it transpired that the present applicant had filed Vakalatnama by forging signatures of the accused Abdul Qayyum son of Rashid Ahmed.

4. Accordingly he was handed over by the office-bearers including the President Karachi Bar Association, to the police for inquiry and verification. After due verification/investigation F.I.R. No.24 of 1996 was registered on 4-6-1996 against the present petitioner and thereafter he was remanded to judicial custody.

5. The learned State Counsel, however submitted that this application is not maintainable in law while the other respondents have also explained circumstances/details as to how the applicant was apprehended and the criminal case in which he is involved is still pending in the subordinate Court.

6. Therefore, keeping in view the facts and circumstances as alleged in this application as well as the prayer clause, in my humble view this application is frivolous and misconceived. As was held by the Hon'ble Supreme Court in Khawaja Fazal Karim v. The State and others, 1986 SCM R 483 it is well- settled that inherent jurisdiction of the High Court under section 561-A, Cr.P.C. Is neither alternative nor additional in its character and. Has to be rarely invoked only in the interest of justice so as to seek redress of grievance for which no other procedure is available and that the provisions should not be used to obstruct or divert the ordinary course of criminal procedure. (See also Ghulam Muhammad v. Muzammal Khan and 4 others, PLD 1967 SC 317 and Shahnaz Begum v. Hon'ble Judges of High Court of Sindh and Baluchistan and another PLD 1971 SC 677).

7. Following the principle laid down in these authorities, I find no merit in this Criminal Miscellaneous Application which stands dismissed in limine alongwith other miscellaneous appeals.