1. In response to order dated 11-5-2010, D.P.O. and S.P. Investigation, Kamber-Shandadkot have filed their statements, which are taken on record. Learned counsel for petitioner have also filed statement, which is taken on record. With their statements, the learned counsel for petitioner have produced photocopy of report of commissioner appointed by learned Sessions Judge, Kamber Shandadkot, for recovery of detainees, namely, Muhammad Azeem, Muhammad Alam, Ali Dost, Deedar and Fida Hussain; who have also been arrayed as detainees in this petition. Perusal of report of commissioner shows that raid was conducted on 15-5-2010 at Police Post Patuja Regulator of Police Station Qubo Saeed Khan, where out of five detainees, four were found detained and ultimately they were released.
2. The District Police Officer and S.P. Investigation Kamber-Shandadkot, in their statements have stated that they have enquired into the matter on their own and have come to the conclusion that Inspector Ubedullah Jagirani SPO Kamber, S.I.P. Aijaz Ali Magsi, S.H.O. Police Station Qubo Saeed Khan and Inspector Meeran Khan Durrani S.H.O. Police Station Kamber, are responsible for all this and that they have been placed under suspension and departmental action/enquiry is following.
3. Messrs Jatoi and Abbasi contended that one person, namely, Deedar son of Muhammad Chakar Mugheri is still missing and is under custody of police. However, D.P.O. and S.P. Investigation KamberShandadkot deny this allegation of learned counsel for petitioner. Learned counsel have also contended that since the detainees have severely been maltreated by the police, therefore, they may be referred to Medical Superintendent, C.M.C. Hospital, Larkana, for their medical examination, treatment and certificate/report. Order accordingly. The Medical Superintendent C.M.C. Hospital, Larkana is directed to submit his report within two weeks.
4. We observe that the above named three police officers are responsible for the illegal detention of the detainees. Apart from departmental action, we direct D.P.O. Kamber-Shandadkot to lodge F.I.R. of the -petitioner against said police officers and S.P. Investigation Kamber-Shandadkot Mr. Aijaz Tareen is directed to investigate such case himself and submit report under section 173, Cr.P.C. before the concerned Court. As it has been observed that said three police officers are responsible for illegal detention of detainees, therefore, we direct them to pay compensatory cost of 25000 each to the detainees, which shall be deposited with Additional Registrar of this Court within thirty days. In case if they fail to deposit such amount, the D.P.O. Kamber-Shandadkot is directed to deduct such amount from their salaries and to deposit the same with Additional Registrar of this Court.
5. The D.P.O. Kamber-Shandadkot is directed to locate/recover detainee Deedar son of Muhammad Chakar Mugheri and produce him before this Court within two weeks. He is also directed to submit report regarding departmental action taken against delinquent Police Officer.
6. With these observations instant petition stand disposed of.