1. ARSHAD NOOR KHAN, J.---By this constitutional petition, the petitioner is seeking registration of F.I.R.
2. For the alleged murder of his wife Mst. Dhano alias Babbli Lashari regarding her brutal and horrible murder at the hands of police official.
3. ' The facts leading to the present petition, in brief, are that the present petitioner filed Criminal Miscellaneous Application No,52 of 2009 Ali Gohar v. The State and others before this Court praying therein for production of his wife Mst. Dhano alias Babbli before this Court who had been detained by the respondents of that application. The said application was proceeded for a number of date of hearings wherein initially DPO, Shikarpur was ordered to produce the lady before this Court but during the course of proceedings of Criminal Miscellaneous Application No,52 of 2009 she could not be produced before this Court and lady A.S.-I. Rukhsana Mangi who stated that the said lady was recovered and was subsequently handed-over to Sikandar Ali Lashari, Dodo Lashari and Alam Lashari, the brother of deceased Mst. Dhano alias Babbli and thereafter even on repeated orders of this Court she could not be produced in Court by the police officials, as such lastly a DB of this Court consisting Mr. Justice Arshad Noor. Khan and Mr. Justice Muhammad Ismail Bhutto vide order, dated 7-5-2009 directed the DPO, Naushahro Feroze and DPO, Shikarpur to look into the matter personally and trace out the whereabouts of the alleged detenue and cause her attendance in Court on the next date of hearing. After passing of aforesaid order unfortunately the said lady was killed on 9-5-2009 at Naushahro Feroze and her corpse was allegedly thrown at Larkana. After the murder of deceased detenue, the police of Police Station, Dari, District Larkana vide Crime No,73 of 2009, dated 9-5-2009 registered the F.I.R. Through one Nizamuddin son of Nawab complainant who stated in the F.I.R. That Muhammad Alam son of Pir Bux, the brother of the deceased inflicted firearm injury to her while she was on the way along with the complainant of that case whereafter sustaining the injury she succumbed to the same. Thereafter another F.I.R.
4. Has also been registered by the police at same Police Station, Dari, District Larkana, vide Crime No, 77 of 2009, dated 10-5-2009 wherein it has been alleged that arrested accused Muhammad Alam son of Pir Bux Chandio on interrogation disclosed that he has killed his sister Sabiha alias Babbli because of her being declared as KARI. The petitioner being highly dissatisfied with the contents of both these F.I.Rs, lodged by the police of Larkana district has filed the present petition on the ground mentioned in the petition.
5. ' Notice has been served on all the respondents who are in attendance and have filed their respective statements wherein the DPO, Larkana namely 'Irfan Ali Baloch PSP categorically has stated that present petitioner did not contact the police for registration of F.I.R.; therefore, the F.I.Rs, were registered through Nizamuddin son of Nawaz Chandio as well as through Saeed Ahmed Mangani SIP of Police Station, Dari, Larkana.
6. ' I have heard Mr. Ghulam Shabir Shan, learned counsel for the petitioner and Mr. Agha Athar Hussain, learned Assistant. Advocate General for the respondents as well as the respondents present in Court.
7. Learned counsel for the petitioner vehemently contended that the police of Police Station, Larkana is attempting to provide protection to police officials particularly to HC Akbar Almani and others to whom the deceased lady was sold out by her parents and the said HC Akbar Almani committed severe torture on her and ultimately he killed her and the postmortem report of the deceased reveals that she was pregnant of, one and half month and the said HC Akbar Almani also committed rape upon her during her confinement with him and that the other police officials names of whom have been mentioned by him in the application for F.I.R. Are equally responsible in the murder of the deceased and the present petitioner who is the husband of the deceased is being deprived off by the police for the justice by recoding the F.I.R. Verbatim on his narration and some other complainant in the two different F.I.Rs, have been set up by the police ultimately the said cases on the basis of which the F.I.Rs, have been recorded by the Larkana police, the accused will be acquitted, as such the woman Police Station, Sukkur, may be directed to register the F.I.R.
8. Verbatim on the narration of the petitioner.
9. ' Mr. Agha Athar Hussain, Assistant Advocate-General as well as police officials present in Court did not controvert the arguments, advanced on behalf of the petitioner.
10. ' I have considered the arguments advanced on behalf of parties and have gone through the material available before me.
11. ' Irfan Ali loch PSP, District Police Officer, Larkana along with his statement has also produced an incomplete photocopy of postmortem report of' the deceased, which was conducted by Dr. Mushtaque Ahmed Memon, Assistant Police Surgeon, Chandka Medical College Hospital, Larkana. A perusal of the copy of postmortem report shows that she had received lacerated punctured wound 3 cm in diameter with inverted margins, blackening and charring present cavity deep on upper part below XIth sternum on abdomen interiorly (wound of entry) and second lacerated punctured wound 3.5 c.m. With averted margins on lower part lateral to spinal cord on right side chest poster by (wound of exist of injury No,1A).
12. It is therefore evident from the post-mortem report that the deceased had expired because of certain firearm injuries though because. C of ificomplete postmortem report the opinion of the doctor is not available on it but at least blackening and charring on the injury was noted by the medico legal officer on the injuries of the deceased whereas according to contents of the F.I.R. No, 73 of 2009 of Police Station, Dari, the accused Muhammad Alam son of Pir Bux Chandio reached near the railway go down from where the complainant and deceased were passing and he directly fired on the deceased which shows that at least there may be some distance in between the deceased and Muhammad Alam and according to postmortem report the fire on the deceased was made just close from her therefore, blackening and charring was found on the injury of the deceased as charging and blackening always occur when the fire is made from the range of 2 to 3 feet distance. This fact itself is sufficient to speak a lot about the F.I.R. Registered by the police of Police Station, Dari, Larkana. The contention of the learned counsel for the petitioner that the deceased was found pregnant of one and half month during the course of her postmortem and non-production of complete postmortem report ratified the statement of learned counsel for the petitioner. The petitioner has also alleged that HC Akbar Almani illegally kept his wife and committed zina with her and after committing torture she was killed brutally in horrible manner at his residence at Naushahro Feroze and after committing the murder her corpse was thrown by him at Larkana and that the police officials are trying to save police official who committed lapses in production of the deceased lady before this Court in Criminal Miscellaneous Application No,52 of 2009. The contention advanced by the learned counsel for the petitioner also find support from the written statement filed by DPO, Sukkur, who along with his statement has produced the photocopy of two separate orders, dated 11-5-2009 and a perusal of both these orders shows that LPC Roshan Ali Channa working at complaint cell women as well as lady A.S.-I. Rukhsana Mangi of same Police Station were dismissed from service on the ground that ASP/SPO City Sukkur vide his letter, dated 11-5-2009 reported that when he was posted as AWHC at complaint cell women of District Sukkur on 11-3-2009 one victim namely Mst. Dhano alias Babbli had approached and she was complaining that her parents declared her as kari on the charges she was eloped with one Ali Gohar Shar and married with him. She requested him for protection and save her from the dangerous hands of her relatives. He bargained with the parents of the lady and after getting Rs,18000 from them both these police officials got stamp paper from her mother Mst. Hasina, brother Muhammad Alam and maternal uncle Sachey Khan and Mst. Dhano alias Babbli was handed over to them. They deliberately violated the law and not got recorded her statement before the concerned Court nor taken proceedings under section 552, Cr.P.C. Due to their grave negligence later on Mst. Dhano alias Babbli was killed by her brother Muhammad Alam and others, The dismissal of both these police officials namely LPC Roshan Ali and lady ASIP Rukhsana Mangi of women Police Station, Sukkur recites a different story than the story contained in the two F.I.Rsi being Crime No,73 of 2009 and 77 of 2009 of Police Station, Dari, Larkana, which also clearly show that the Police of Larkana is attempting to save certain police officials from the consequences of horrible and brutal murder of Mst. Dhano alias Babbli and even in both these F.I.Rs, the name of the deceased has wrongly been mentioned as Mst. Sabiha.
13. In these circumstances, it is apparent that the investigation in those crimes registered at Police Station Dari would not be fairly and transparently conducted by the police and the allegation levelled by the present petitioner would remain un-investigated by the competent investigating agencies and it will be appropriate in the peculiar circumstances of the present case to direct the S.H.O., women Police Station, Sukkur, to register the F.I.R. As per narration of the petitioner against all those who according to petitioner have played any active or passive role towards the handing over of custody of deceased to her parents as well as in the commission of her murder. Learned counsel for the petitioner states that he has filed draft of written complaint as annexure "H" at page 85 of this petition. Let a copy of this statement annexure "H" may also be supplied to the S.H.O. Women Police Station, Sukkur (respondent No,4) who will look into these allegations at the time of recording of the statement and even the petitioner is at liberty to record his statement either in the light of statement annexure "H" or in his view some other material or allegations are necessary for registration of F.I.R. The F.I.R. Should be registered within two days hereof. Learned counsel for the petitioner states that this case has acquired a status of high profile matter as such enquiry may be conducted through Investigating Officer not below the rank of S.P.
14. ' DPO, Sukkur is; therefore, directed to appoint an honest, efficient and experience hand S.P. To conduct the enquiry in the crime, after registration of the F.I.R. Who without any fear or favour would conduct enquiry keeping himself accountable to Almighty Allah.
15. Learned counsel for the petitioner has also prayed for exhumation of the dead-body of deceased and conduct of the postmortem examination on the corpse of the deceased by the Medical Board to be constituted by the Principal, Chandka Medical College, Larkana, as has been prayed in the prayer clause of the petition to which Mr. Agha Athar Hussain, learned Assistant Advocate General did not oppose. By consent; therefore, it is ordered that Principal, Chandka Medical College, Larkana will constitute a board of doctors preferably consisting of lady doctors who will conduct the postmortem examination on the corpse of the deceased after exhumation of the dead-body in presence of the Magistrate of the 'concerned area and will submit a copy of their report to this Court as well as to the Investigating Officer and a copy of the same will be preserved by them for production in Court at appropriate stage, in case, if any copy of the postmortem report is subsequently missing.
16. ' With the above observations, petition stands disposed of.