KHADIM HUSSAIN M. SHAIKH, J.--- Mst. Sartaj Bibi through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, sought for the following relief:---
(a) To restrain the respondents from causing any harassment for the petitioner and her husband and causing disturbance in their married life on the basis of false and fabricated F.I.R. No,116 of 2008.
(b) To direct the respondents Nos.1 and 2 to provide protection to life, liberty and property of petitioner, her husband and other relatives of her husband.
(c) To direct the private respondents to file their affidavits that they will not cause harassment for the petitioner, her husband and his other relatives in future.
2. On the notice the respondents put their appearance on 9-4-2009, and filed some statements, when I passed an order which reads as under:--- "Mr. Zahid Hussain Chandio, Advocate for respondents files power on behalf of respondents Nos.4, 6, 7 and 10, which is taken on record and he also files comments on behalf of respondents Nos.3 to 10 copies whereof have been delivered to learned Advocate for the petitioner. Learned Advocate for the petitioner states that the F.I.R. Shown to have been registered at Police Station City Jacobabad being F.I.R. No,147 of 2008, lodged by Samander alias Shaman was not in knowledge of the petitioner, copy thereof has been placed on record by the respondents today, it is therefore, necessary to implead the S.H.O. Police Station City Jacobabad and complainant Samander alias Shaman as party in .These proceedings. The contention of the learned Advocate for the petitioner carries weight. She is allowed to file the amended title of this petition, impleading the S.H.O. Police Station City Jacobabad and complainant Samander alias Shaman as party. To come up on 23-4- 2009. In the meanwhile the petitioner and other accused nominated in the F.I.R. No,147 of 2008, under sections 365-B, 496-A, 34, P.P.C. Of Police Station City Jacobabad, shall not be arrested. Also issue notice to the D.P.O. Jacobabad, S.H.O. Police Station Thull, S.H.O. Police Station City Jacobabad and Samander alias Shaman, the complainant in F.I.R. No,147 of 2008 of Police Station City Jacobabad, for their personal appearance on the next date of hearing."
3. On the same day after hearing of this case was adjourned, the petitioner was abducted away by the police officials and some private persons and two of the abductors were apprehended on the road outside the Court premises and two of them were apprehended during the course of Nakabandi. On submission of note by the office regarding such incident of abduction of petitioner Mst. Sartaj Bibi by the police officials of Police Station Jacobabad City and others, the production of petitioner was ordered and she was again produced before the Court by the Jacobabad police on the same date at 9-45 p.m. (night). On production of the petitioner the Court proceedings again started at 9-45 p.m. And her statement was recorded in Court, and then I passed further orders, for registration of the case against the culprits involved in the said crime of abduction with further directions accordingly, and the proceedings continued till rising of the Court of 12-00 night. The said order reads as under:--- "The petitioner Mst. Sartaj Bibi has been produced in custody by S.I.O. Ali Murad Brohi and lady police constable Mst. Hazari Naz of Police Station City Jacobabad. Her statement has been recorded in the Court. Today C.P. No,S-91, of 2009, re: Mst. Sartaj Bibi v. The S.H.O. Police Station Thu11 and others was fixed for Katcha Peshi. This case was taken up in second call at 11-00 a.m. When the petitioner, respondents Nos.3 to 10, along with their counsel and the State counsel were present in Court. Samander alias Shaman had lodged F.I.R. Crime No,147 of 2008 at Police Station City Jacobabad, under sections 365-B, 496-A, 34, P.P.C. Against Shahnawaz and others. This Court passed specific orders that the petitioner and any other accused nominated in the said F.I.R. No,147 of 2008 of Police Station City Jacobabad lodged by Samander shall not be arrested. After hearing, the case was adjourned to 23-4-2009. The petitioner in her statement has levelled allegation of her abduction and beatings to her husband Shahnawaz against Samander Hambi and Ghulam Hyder Hambi, S.I.O. Muhammad Nawaz Kehar, two constables of Police Station Jacobabad City and others. Mr. Asadullah Shaikh S.H.O. Police Station Rehmatpur, who is present in Court, states that in the morning time at 7-30 a.m. S.I.O. Muhammad Nawaz Kehar along with P.C. Allah Bux and P.C.
Imam Bux of Police Station City Jacobabad came at Police Station Rehmatpur and got entry made in Daily Diary stating therein that they have arrived in Larkana City for the purpose of investigation in Crime No,147 of 2008 of Police Station City Jacobabad. The S.P.O. Irshad Ahmed Bhutto, who is also present in Court, states that at about 12-00 noon they received information on 15 from the office of this Court that one lady has been abducted near High Court building. They made Nakabandi, with the result that the police also arrested two suspects, who have disclosed their names Sijawal son of Khairuddin Noorani and Jurial son of Pyaro Khan Hambi, are detained at Police Station Rehmatpur and on contact with S.I.O. Muhammad Nawaz Kehar on his mobile number, he admitted that lady namely Mst. Sartaj Bibi is in his custody and per directions received from D.I.-G. Larkana and D.P.O. Larkana, they asked him to bring Mst. Sartaj Bibi back to this Court immediately. The S.I.O. Ali Murad Brohi of Police Station Jacobabad City, states that custody of Mst.
Sartaj Bibi was handed over to him by S.I.O. Muhammad Nawaz Kehar for producing her before this Court today. The S.H.O. Police Station Rehmatupur, who is present in Court, is directed to lodge the F.I.R. Against S.I.O. Muhammad Nawaz Kehar, Police Station Jacobabad City and others involved in the above incident. Since the above Police Officers along with the private accused persons are involved in the above incident and as such the D.I.-G. Larkana is required to entrust investigation of this case to an honest and efficient officer. The petitioner wants to go with her husband Shahnawaz, who is present in Court. She is at liberty to go with him. As she apprehends danger to her life, the S.P.O. Irshad Ahmed Bhutto and S.H.O. Police Station Rehmatpur, are directed to provide the petitioner and her husband full protection and take them to place of their choice safely. Let copies of this order, order earlier passed by this Court and the statement of petitioner Mst. Sartaj Bibi be sent to all the concerned for compliance."
4. On 14-5-2009, the learned Advocate for petitioner contended that the petitioner was still having danger to her life. Accordingly had passed further order, which reads as under:--- "Learned Advocate for petitioner seeks time on the ground that petitioner is not in attendance due to fear. Record reflects that on 9-4-2009, the petitioner was allegedly abducted by the police officials and the private persons and such F.I.R. Was lodged at Police Station Rehmatupur being Crime No,44 of 2009. The .D.I.-G., Larkana was directed to get the investigation of the case done through an honest and efficient Police Officer vide this Court order dated 9-4-2009. The D.I.-G.
Larkana is required to furnish progress report and present status of the case relating to the above incident along with 'relevant material on the date of hearing. To come up on 26-5-2009. Learned Advocate for the petitioner states that due to fear and danger to the life of petitioner, she has not attended the Court, therefore, protection may be provided to her. This contention of the learned Advocate for petitioner carries weight, therefore, the D.P.O. Larkana; is directed to provide full protection to the petitioner for procuring her attendance before this Court on the next date of hearing and a responsible Police Officer be deputed to contact learned Advocate of petitioner, one day before the date of hearing for getting information regarding the place wherefrom the petitioner is to be brought before this Court. Order. Accordingly."
5. Then on 29-5-2009, the petitioner along with her Advocate contended that the petitioner and her husband Shahnawaz still had danger to their lives and accordingly I passed further order, which reads as under:--- "Learned Advocate for the petitioner contends that the petitioner and her husband still have danger to their lives at the hands of private respondents. The Police Officers present in Court undertake that they will provide full protection to the petitioner and her husband and that no harassm ent will be caused to the petitioner. Learned Advocate for the petitioner prays for fixing this case in the first week of July, 2009, The Police Officers present in Court are directed to provide full protection to the petitioner and her husband in view of orders passed by this Court on 14-5-2009.
Learned Advocate for the petitioner suggest the date i.e. 3-7-2009. By consent matter is adjourned to 3-7-2009, being of urgent nature involving question of danger to the life of the petitioner and her husband. S.I.O. Police Thull is directed to procure the attendance of respondents Nos.3 to 9 before this Court on the next date of hearing without fail. Office, is directed to issue notice to the private respondents and to their Advocate. ."
6. Thereafter, neither the petitioner nor her counsel has attended this Court. Today again the petitioner and her counsel are called absent.
7. Under the above circumstances I am of the opinion that the grievance of the petitioner has been ventilated in view of the aforesaid orders passed by me on different dates therefore, the petitioner and her counsel have chosen to remain absent and thereby this petition seems to have achieved its goal. However, respondents Nos.l, 2 and Deputy Inspector-General of Police, Larkana, and S.H.O.
Police Station Jacobabad City are again directed to provide full protection to the petitioner and her husband Shahnawaz and to comply with the aforesaid orders passed by this Court in letter and spirit. D.I.-G. Police Larkana is further directed to furnish fortnightly progress report to the Additional Registrar of this Court for perusal without fail.
8. This petition is disposed of in the above terms. .