' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This application has come up for hearing on number of times. Initially the matter came up for hearing at Karachi, however, subsequent thereto it was transferred to Islamabad. To recapitulate the facts it would be appropriate to reproduce herein below following orders dated 7-1-2011, 17-1-2011, 21-1-2011 and 28-1-2011:- Order dated 7-1-2011 "In response to notice, D.P.O. Dadu was allowed time to cause arrest of respondent Abdul Sattar Narejo. Today he has appeared but without any progress. It is to be noted that vide F.I.R. No,104 of 2001 respondent Abdul Sattar Narejo was -nominated as an accused under sections 302, 324, 452, 148, 149 and 114, P.P.C. On the charge of murder of Muhammad Amin, brother of the complainant.
During investigation Abdul Sattar Narejo one of the accused succeeded in getting bail from the High Court of Sindh on 26-2-2007 whereby interim pre-arrest bail granted to him was confirmed.
Complainant Muhammad Yameen preferred a Criminal Petition No, 34-K of 2007 which came up for hearing before this Court on 9-8-2007 whereby the order of granting bail to the accused was set aside and pre-arrest bail obtained by him was cancelled and he was ordered to be taken into custody forthwith and trial Court was ordered to procure his attendance before the Court. Copy of the order was sent to the D.P.O. Dadu for immediate compliance without fail.
(2) Unfortunately, the accused was not arrested by the police, therefore, having been left with no option, the complainant preferred listed application for initiating proceedings of contempt of Court against the D.P.O., District Dadu. It would not be out of context to note that accused Abdul Satter was the Chairman of the Union Council and he had been performing his duty but the D.P.
0. Dadu failed to cause his arrest in compliance with the order of this Court. In the meantime the matter was taken up on different dates but the same was adjourned at the request of the D.P.O.
With direction to comply with the order of the Court. Reference is made to the orders dated 15-6- 2010, 12-11-2010, 23-12-2010 and 31-12-2010. Last mentioned order is reproduced hereinbelow: "In pursuance of the order dated 30-12-2010, Inspector-General of Police appeared and stated that a week's time may be given to the Police to arrest Abdul Sattar Narejo. Request is allowed.
Adjourned to 7-1-2011 at Islamabad."
' The State machinery, as it is evident .From the record, namely, D.P.O. Dadu, former and incumbent, have failed to comply with the order. Reluctantly, however, on the last date of hearing a week's time was given to them in presence of Inspector-General of Police when they made commitment to implement the order but without any result.
(3) ' Today Javed Soonharo Jiskani DPO, Ghazi Salahuddin Exh.DPO, Abid Qaim Khani SP (Investigation), Inayat Ali Qureshi SHO, are in attendance. However, they have stated that on 9-8- 2007 when the order was passed, they were not holding the posts of D.P.O. Etc, They insisted that some more time be given to them to comply with the order of this Court dated 9-8-2007. As it has been pointed out hereinabove the matter is lingering on before this Court for the last three years and order of this Court has not been complied with and though we are not inclined to accommodate them, in view of their repeated requests further opportunity of one week is granted to them to do the needful. In the meantime PPO Sindh is directed to disclose the names of the DPO and SHO beside others, who were, at the time of registration of the case, holding the charge on 9- 8-2007 when the order was passed. He would direct them to cooperate with the incumbent. D.P.O.
And other officers named hereinbefore to implement the order of this Court. PPO Sindh shall personally ensure that the order is complied with before the next date of hearing. Adjourned to 17th January, 2011.
(4) Mr. Javed Soonharo Jiskani DPO, Dada is directed to procure the copy of this order during course of the day and hand over to the PPO Sindh and all other concerned so the time is saved and order is complied with without fail before the next date of hearing. Prosecutor-General, Sindh is directed to appear in person on the next date of hearing.
Order dated 17-1-2011 "Despite clear directions on the last date of hearing no progress has been made by the incumbent DPO and his team. Mr. Shahadat Awan, learned Prosecutor-General states that another team has been constituted to achieve the object. In our considered opinion matter is being delayed intentionally for one or the other reason knowing well that this Court had passed order as back as on 9-5-2007 for causing arrest of accused, therefore, we direct PPO Sindh that he should personally implement the order and submit report through the Prosecutor-General on 21st January, 2011."
Order dated 21-1-2011 "Mr. Tahir Naveed, D.I.-G. Hyderabad has appeared and submitted a report. No progress has been shown except the paper work. We are not satisfied with the progress shown by the police in causing the arrest of the accused who is involved in a murder case registered against him in the year 2001 though his bail was cancelled by this Court in the year 2007. It seems that he is an influential person otherwise by this time he could have arrested by the police in compliance of the direction of this Court being made from the year 2007. Mr. Muhammad Tahir Naveed, D.I.-G. States that some more time be given to do the needful. Adjourned to 28th January, 2011."
Order dated 28-1-2011 "Syed Mushtaq Shah, R.P.O/Additional I. -G. Hyderabad, has appeared and submitted a report. He has explained the steps taken by him to cause the arrest of the accused. However, he requests for some more time to do the needful. Request allowed. Adjourned to 11th February, 2011."
' In response to last mentioned order Mr. Mushtaq Ahmed Shah, R.P.O. Hyderabad initiated concerted efforts to cause the arrest of Abdul Sattar Narejo who was absconding despite cancellation of his bail as back as in the year 2007. As noted hereinabove, initially police officers though made their efforts but without any success, may be for any reason known to them, but incumbent RPO Hyderabad in discharge of his lawful and legal authority to ensure that the orders and judgments of the Court are to be implemented in letter and spirit, adopted all legal devices and ultimately succeeded in causing arrest of absconder Abdul Sattar Narejo.
2. It is interesting to note that Abdul Sattar Narejo, respondent, an accused of a murder case seems to be an influential person as in the meanwhile he had been elected as Naib Nazim of U.C. Mitho Babbar, District Dadu and was discharging his functions in the said capacity but the then authorities knowing well about his involvement in the murder case, failed to cause his arrest. We are told that those officers who have shown their reluctance to cause the arrest of the accused have been proceeded against departmentally. It is a matter of great satisfaction that under the command of Mr. Mushtaq Ahmed Shah, RPO Hyderabad all necessary steps were taken by the police for causing the arrest of the respondent and they now have succeeded in arresting him as per the contents of the report placed on record along with remand letter. It is worth to note that legal course is required to be followed by all functionaries notwithstanding that what is the position or the status of wrong-doers and no one is to be considered above the law.
3. Since, despite influence of the respondent, as noted hereinabove, the accused has been brought to book and his arrest has been caused after great deal of difficulties, therefore, we place our appreciation on record for Mr. Mushtaq Ahmed Shah, RPO Hyderabad, Mr. Abid Ali Qaim Khani, SP (Investigation) Dadu and their team members and we expect that they will be keeping it up in future as well and shall prove themselves being members of the law enforcing agency to be a strong supporter of the rule of law and shall never hesitate in implementing the law under any circumstances. A letter in this regard be sent to the Government for placing above appreciation on service record of the above police officers. As now the respondent accused has been arrested the law will take its own course. Criminal M. A. No, 17-K of 2010 is disposed of accordingly.