1. This matter is fixed for orders on the report of the DPO, Hyderabad, Sindh, which he has submitted pursuant to the order passed by this Court on 27-1-2003. Para. 4 of the report of DPO, Hyderabad, reads as follows: "4. During enquiry it is established that vehicle was secured from Hyderabad and such case under section 411 or 412, P.P.C. Should have been registered at Hyderabad and disposal of car should have been made at Hyderabad but flagrant violation of law was committed by SIP Abdul Qadir Rind of A.C.L.C. Karachi and ASI Salim Rind of Hyderabad as they had not registered the case at Hyderabad nor got car released from the Courts of Hyderabad under sections 550 and 523, Cr.P.0 thereby S.I.- P. Abdul Qadir of A.C.L.C. Karachi A.S.-I. Salim Rind of Hyderabad are responsible of illegality. Besides S.I.-P. Abdul Qadir of A.C.L.C. Lodged. F.I.R No,247 of 2002 under sections 420, 468, 471, 474, 475, 412 and 414, P.P.C, at Police Station A.C.L.C. Karachi, On 17-12-2002 after lapse of complete five months and 6 days which seems mala fide and afterthought as such further action may kindly be taken as per law against them OR departmental action be initiated against them as deemed fit." The DPO, Hyderabad, after detailed inquiry has found SIP Abdul Qadir Rind A.C.L.C, Karachi and A.S.- I. Saalim Rind, A.C.L.C, Hyderabad, responsible for violating the law. He in his report has further submitted that F.I.R No,247 of 2002 lodged by SIP Abdul Qadir Rind of A.C.L.C, Karachi, after 5 months and 6 days of the seizure of the car was mala fide and afterthought. Mr. Masood A. Noorani, the learned Additional AG, on the other hand, states that the report of the DPO is based on fair inquiry and action according to law may be ordered.
2. On perusal of the report of the DPO, Hyderabad, the actions of the Police Officers clearly show abuse of their authority in uniform. If such actions are unchecked it will create life of innocent citizens miserable. The exercise of powers are subject to restrictions that law imposes upon the officers. These powers are subordinate to the rights of the citizens guaranteed under the Constitution. No Police Officer is allowed in law to implicate innocent citizen in false case by fabricating material against him to extort either money or his property. The present case fully reflects highhandedness of the Police Officers and I appreciate the DPO, Hyderabad, for his holding detailed and fair inquiry finding both the Police Officers guilty of actions not protected under the law.
3. Under these circumstances, I direct the D.P.O., Hyderabad, to order registration of F.I.R against SIP Abdul Qadir Rind and A.S.-I. Salim Rind and against any other person besides those who are guilty and/or abetted the commission of the acts in the light of his report. The report reflects that the illegal acts of the aforesaid officers constitute cognizable offence. I further direct the I.-G. Police, Sindh, to order initiation of departmental proceedings against both these Police Officers in addition to their prosecution as directed by me hereinabove. In the intervening period, till the outcome of the findings of the proposed prosecution and/or departmental proceedings, exonerating these officers of the alleged acts, they should not be given any field posting by the department. Violation of this order would be treated as contempt of the order of the Court and the person responsible violating the order would be proceeded against under Contempt of Court Act. This order along with the copy of the report of DPO, Hyderabad, be communicated to the Home Secretary, I.G. Police, Sindh and the DPO, Hyderabad, for compliance. The Report of DPO, Hyderabad dated 25-4-2003 is taken on record.