Muhammad Azam Khan Temuri, MG Police, Islamabad, has filed revised list of vehicle and report pertaining to the period commencing from 1.1.2008 to todate. According to the report 11 vehicles were handed over on superdari to the persons mentioned under the column "name of superdar" of annexure C. Three vehicles were handed over to the police officials, which have been taken back and disciplinary proceedings, had already been initiated against them. The report reveals that out of remaining 08 vehicles few are in possession of officials named therein and private individuals, whose particulars are also in the same column. Efforts of Mr. Temuri are laudable.
2. The report further reveals this fact that out of 11 orders of superdari, five orders made by Capt. (R)
Farid-ud-Din, the then A.0 Sadar, two orders in each, passed by Mr. Khalid Yamin Satti, the then City Magistrate and Rai Liaqat Ali Khan Kharal, Judicial Magistrate and one order each, issued by Mr. M.
Ali Randhawa, the then A.C. City and Mr.Farrukh Nadeem, the then Magistrate Sadar.
3. It is being observed with great concern that police officials as well as Presiding Officers, without adhering to the provision of law and existence of any right in favour of applicants, exercised the authority in an arbitrary manner, which cannot be termed less than a colourable exercise'of the authority, an abuse of the process of law and criminal breach of trust. The officials of police stations who are involved in making reports on the applications of superdari and learned Presiding Officers who without any title and last possession, exercised the authority which was not vested in them and thereby obliged the officials and private persons, did no good to their institutions. Such type of cryptic exercise bring bad name to the institutions in general, and Judiciary in particular.
This stinking practice needs to be checked and evil of irrelevant considerations, required to be curbed, so that persons involved in polluting the system and Rule of Law may be dealt with in accordance with law.
4. The learned District & ' Sessions Judge, and Chief Commissioner, I.C.T, Islamabad are hereby directed to initiate inquiry against the responsible officers and result of same may also be incorporated in their ACRs,
5. AIG Police, Islamabad, present in the Court is also directed to take action against all the police officials who are involved in facilitating the superdari of vehicles taken into possession u/S. 550, Cr.P.C. it is further directed that I.G. Police make sure that inventory report of all accessories, tools etc is prepared at the time of taking into possession any vehicle under Section 550, Cr.P.C. or as case property, and copy of such inventory report shall be supplied to the person from whose possession vehicle is taken.
6. The Inspector General of Police, Islamabad is also required to explain that why those vehicles are not put to auction, regarding which no claimant comes forward within the period prescribed by the Cr.P.C.?
7. Superdari orders, whereby vehicles were given to unauthorized persons are hereby set-aside, therefore, all the vehicles may be recovered, forthwith, and it is directed that some efficient, honest and upright police officer may be given this task, for the recovery of vehicles.
8. Compliance report is to be submitted by all concerned before Registrar of this Court for perusal of this Court, within 15 days,
9. As far as instant petition for superdari is concerned same is dismissed as engine and chassis numbers of vehicle are found tempered, therefore, prima-facie no title or entitlement exist in grant of superdari to the petitioner. Even otherwise petitioner has the remedy to file suit for damages and recovery of paid amount against vendor.
10.Disposed of accordingly.