| Citation(s) |
|---|
| 2014 SLG 70 2014 SLD 70 2014 PLD 501 |
Sindh High Court
Constitutional Petition No. S-537 of 2014, decided on 30th June, 2014
AAMIR RAZA NAQVI, J
Zakir Hussain Bughio, Advocate. Mrs. Marzia Begum for A.G. Office. Shahid Abbas, DSP, Mehmoodabad South. Syed Khalid Ali, S.I. P.S. Mehmoodabad. Muzafar Ahmed, S.I. P.S. Baloch Colony. Arshad Baig, S.I. P.S. City Court
Constitutional Petition No. S-537 of 2014, decided on 30th June, 2014
AAMIR RAZA NAQVI, J
Zakir Hussain Bughio, Advocate. Mrs. Marzia Begum for A.G. Office. Shahid Abbas, DSP, Mehmoodabad South. Syed Khalid Ali, S.I. P.S. Mehmoodabad. Muzafar Ahmed, S.I. P.S. Baloch Colony. Arshad Baig, S.I. P.S. City Court
ABDUL HAMEED
VS
PROVINCE OF SINDH through Home Secretary, Government of Sindh and 7 others
Law: Criminal Procedure Code (V of 1898)
Section: 54,154,156
Law: Constitution of Pakistan, 1973
Section: 4,14
Criminal Procedure Code (V of 1898)--- ----Ss. 54, 154 & 156---Constitution of Pakistan, Arts. 4 & 14---Cognizable offence---Registration of F.I.R.---Arrest of accused---Principles---Arrest to be made only if sufficient evidence available---Police, duty of---Accused to be treated in a civilized manner---Not necessary that a person was required to be arrested if an F.I.R. was lodged against him for a cognizable offence and investigation was being conducted---Lodging of F.I.R. did not necessarily mean that person nominated in the F.I.R. should be arrested---Before arresting a person police must investigate the matter in detail---Police official who intended to arrest any person must satisfy himself that arrest was necessary, and must first collect evidence against the accused which justified arrest---One could only be arrested if sufficient evidence existed against him justifying his arrest---When an F.I.R. or complaint was registered against anyone, he should be treated in a civilized manner as the Constitution provided; that dignity of a man was inviolable, and that every citizen of the country had a right to be dealt with in accordance with law---All government officials particularly police officers were required to conduct themselves in a manner that no innocent person should fear going to the police station and he should be confident that he would not be harassed at the police station. ORDER AAMIR RAZA NAQVI, J.---1. Learned counsel states that office objections have been complied with. 2. Learned counsel states that in the first instance he had lodged an F.I.R. bearing No. 26 of 2014 against Respondent No.8. Learned counsel says that such F.I.R. was got registered because he has sufficient material against the respondent No.8 to proceed against him. That F.I.R. was challaned in the Court of IInd Additional Sessions Judge Karachi (South). Learned counsel states that in retaliation a series of F.I.Rs are being lodged against the sons of Respondent No.8 and petitioner and he has to move a bail before arrest in each case. Learned counsel further states that the petitioner is a businessman and law abiding citizen and this situation has created harassment…
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