Case Details

Citation(s)
2011 SLG 2200 2011 SLD 2200 2011 YLR 868
Sindh High Court
Constitutional Petition No. S-1043 and C.M.A. No. 4713 of 2010, decided on 26th October, 2010
BHAJANDAS TEJWANI, J
Abdul Wahab Baloch, Kh. Naveed Ahmed, Ghulam Akbar Jatoi, Syed Ghulam Ali Shah and Sardar Aslam Afridi for Petitioners. Adnan Karim Memon, Asst. A.G., Sindh and Haji Abdul Majeed, for State along with Aftab Mujahid Israr, Deputy Director, Muhammad Ismail

Malik CHANGEZ KHAN and 4 others

VS

PROVINCIAL POLICE OFFICER, KARACHI and 7 others

Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Accused petitioners had sought protection against involvement and harassment by the police in the F.I.Rs. registered after 19 years of the alleged incident---Deputy Director of Anti-Corruption Establishment had admitted that they had been unable to locate or arrest any public servant involved in the alleged crime and that no permission from any competent authority was available on record for arrest of the present accused---Fundamental Rights enshrined in the Constitution had fully protected the rights of persons with regard to their lives and liberty and their treatment in accordance with law, which was an inalienable right---State functionaries, however, appeared to have been flagrantly and frequently violating the law and even they were not respecting the orders and directives of the High Court---High Court in such a situation would not refrain itself from assuming the jurisdiction to undo the wrong and the save the respectable citizens of the country from the pre planned victimization---Police including the Anti-corruption police were acting against the accused persons on the influence and advice of some political figure with mala fide intention---Despite the direction of High Court that the accused would not be arrested till a specified date without its permission, Anti-Corruption Department had arrested them in an Anti-corruption matter allegedly taken place 19 years back---Accused in circumstances were allowed interim post-arrest bail in all the registered cases with the direction to the Inspector General of Police and the Director Anti-corruption concerned not to arrest then in any case without leave of High Court---Present order of the High Court was to remain effective for six months---Constitutional petition was disposed of accordingly. ORDER BHAJANDAS TEJWANI, J.---This petition was filed by the petitioners seeking relief for directions to the respondents/ police officials not to involve the petitioners in fresh cases without the permission of this Court, directions to the respondents not to cause harassment to the petitioners and their family members and restraining them not to…
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