' IRFAN SAADAT KHAN, J.---This constitutional petition has been filed with the prayer that respondents No,4 and 5 may be restrained from harassing and extending threats to the petitioner and her family and also to quash the false F.I.Rs, registered against them.
2. Briefly stated, the facts of the case, as narrated in the memo of petition, are that petitioner, her three brothers, namely, Hashmat, Asif and Danish, are residing at House No, 272, Sector 1-A-4, Shah Nawaz Bhutto Colony, Karachi since birth. On 18-10-2012 at about 3-30 a.m. Respondents Nos.4 and 5 raided the said residence of the petitioner without any lady searcher and misbehaved with the petitioner and her mother and used abusive language and took away the above three brothers of the petitioner with them and demanded illegal gratification for their release and threatened that if their palms are not greased they will involve her brothers in different crimes. It is also stated that respondents Nos.4 and 5 gave severe beatings to the brothers of the petitioner. Consequently, the mother of the petitioner on the same day i,e, 18-10-20J2 filed an application before the District and Sessions Judge complaining the illegal confinement of her sons. The respondent No,4 thereafter in order to justify his raid and arrest of the three brothers of the petitioner on the same day implicated Danish in F.I.R. No,431 of 2012 of his own Police Station registered at 1-20 a.m. Under section 392/34, P.P.C. Against one Saddam Hussain by coercing the complainant of the said F.I.R. To name Danish, brother of the petitioner, as accomplice of Saddam Hussain. Another F.I.R., bearing No,433/2012 was registered at 7-45 a.m. Under sections 6/9, C.N.S. Act against the other ' brothers of the petitioner namely Hashmat alias Asmat and Asif. Yet another F.I.R. Bearing No, 434 of 2012 was lodged at the same Police Station against Danish under section 13-D Arms Ordinance on 18-10-2012 at 0755 hours by showing arrest of Danish with pistol and getting him involved in Crime No,431 of 2012. As per the petitioner the' respondents Nos.4 and 5 booked her brothers in different false cases. Thereafter, due to continuous threats extended by respondents Nos.4 and 5, the mother of the petitioner also filed an application under section 22-A, Cr.P.C. For lodging an F.I.R. Against them which was allowed but when the petitioner's mother approached respondent No,4 for recording her statement under section 154, Cr.P.C. He refused to do so. Mst. Sakina, thereafter, filed a contempt application and, subsequently, SIP Aziz appeared before the Court on 24-10-2012 and recorded the statement of the mother of the petitioner. On 26-10-2012 respondents Nos.4 and 5 again raided the house of the petitioner and arrested Mst. Sakina, mother of the petitioner in a case of drug trafficking and alleged to have recovered one KG charas from her possession and registered, a case against her bearing F.I.R. N.446/12, however, the learned C.N.S. Court after regular trial acquitted Mst. Sakina. The petitioner, therefore, prays that all these three F.I.Rs, against his brothers viz. F.I.R. No, 433 and 434 of 2012 and implication of Danish in. F.I.R. No,431/2012, being false, mala fide and revengeful, may not only be quashed but action may also be taken against respondents Nos. 4 and 5 for misusing their authority and the mandate given to them by their Department.
3. On 15-11-2012, when counsel for the petitioner narrated the above facts, serious doubts were created in our minds regarding the veracity of these F.I.Rs,, therefore, in order to ascertain the true facts of the case, we, vide order dated 15-11-2012, directed DIG, West, Karachi, Mr. Jamil Odho, to appoint an honest officer, not below the rank of DSP, not only to investigate into the above three F.I.Rs, but also the manner in which such F.I.Rs, were registered against the brothers of the petitioner and to submit his report, after scrutinizing the said report by himself. DIG, Karachi West appointed DSP Saleem Akhter Siddiqui as an inquiry officer who obtained necessary information, gathered the facts and submitted his report on 11-12-2012, a copy whereof was supplied thereafter to the learned A.P.-G. And the matter was adjourned for today.
4. Before proceeding any further, it would be advantageous to reproduce the findings of the DSP Saleem Akhtar Siddiqui, which reads as under:-- "Respected sir, during the course of investigation it is disclosed that one accused of F.I.R. No, 431/ 2012 under sections 392/34 P.P.C. And F.I.R. No, 432/12 under section 13-D namely Saddam Hussain arrested on the pointation of complainant (Abdul Mannan). While in the light of all above circumstances it is proved that accused DANISH alias PANNU SON OF ALLAH DITTA is not Involved in case F.I.Rs, Nos.431/2012 and 434/2012. Kh. Ajmer Nagri Police arrested him without reasons. The main accused SADDAM of case F.I.R. No,431/ 2012 is giving his statement that Police pressurized him to give statement that DANISH is his co-accused. While complainant of the said case also defuse (sic) and did not identify DANISH as accused of his case. As well as it is also noted that as per police record DANISH was arrested on 18-10-2012 at about 0725 hours and also mentioned that complainant called at the place of arrest and got his signature on FARD-E-GRIFTARI, while complainant gave his statement that he was called at about 1000/1100 hours and directed to come at Police Station, when he reached Police Station, accused DANISH [was] produced before him but he refused [and] did not identify [him] as accused of his case. This also shows that FARDE-GRIFTARI is fake and witness of FARD-E-GRIFTARI denied DANISH did not arrest before him.
While at that time about 1000/1100 hours police officer told him to do signature on paper, he did.
As well as resident people of Shahnawaz Bhutto Colony also gave the statements that the accused of case F.I.R. Nos. 431 and 434/2012 DANISH SON OF ALLAH DITTA and F.I.R. No, 433/2012 under section 6-9/B Anti-Narcotics (01) ASIF SON OF ALLAH DITTA (02) HASMAT alias ASMAT SON OF ALLAH DITTA were arrested from their house and no any weapon and Narcotics recovered from their house.
' This purely shows that they all three brothers were arrested in different police stations in different cases in the past (record enclosed). While now they are not involved in any mentioned F.I.Rs, (431, 433, 434/2012), they [were] arrested from their house and due to unknown reasons Kh. Ajmer Nagri Police booked/arrested to all three brothers in above mentioned cases."
5. The petitioner, her mother as well as respondents Nos. 4 and 5 are present before us. From the narration of the facts and findings of the report submitted by DSP Saleem Akhtar Siddiqui, it clearly transpires that the version of the petitioner that her brothers were taken away from her home is correct and that their involvement shown in the above F.I.Rs, appears to be incorrect. The complainant in F.I.R. No, 431/2012 has not identified Danish as the accused in the said case and has clearly stated that he was pressurized by the respondents Nos.4 and 5 to implicated Danish as his co-accused. So far as F.I.Rs, Nos. 433 and 434/2012 are concerned, these were also registered for the reasons best known to respondents Nos. 4 and 5.
6. We specifically asked respondent No,4 as to how he will justify his act of registering all these F.I.Rs, and how it is possible that all the three brothers of the petitioner were found to be involved in three different offences/cases on the same date with short intervals of time. No plausible explanation was available with him except that the statements recorded of the area people would affirm that the said F.I.Rs, were correct. The petitioners stated that all such statements were obtained by coercion and undue pressure and hence have no value. It is interesting to note that no such statement was placed on record for our perusal.
7. The learned A.P.-G. Has candidly stated that due to the facts emanating from the report of DSP Saleem Akhtar Siddiqui, all these F.I.Rs, appear to be false, mala fide and revengeful and showed his inability to defend the same.
8. We have heard the petitioner, her mother, the A.P.-G., respondents Nos.4 and 5 and have perused the record and the report of the DSP and are of the considered view that the above F.I.Rs appear to be vindictive in nature and a counterblast to the application under section 22-A, Cr.P.C. Filed by the mother of the petitioner against respondent No,4. Respondent No,4 was a responsible police officer entrusted with the job of upholding the law and, therefore, it was not expected of him to be vindictive and revengeful.
9. In view of the above, both the F.I.Rs, i,e, 433 and 434/2012 appears to be false and frivolous and were lodged with some ulterior motives, accordingly, we quash the proceedings emanating from both the F.I.Rs, and further release Danish under section 497(2), Cr.P.C, in Crime No,431 of 2012 and direct the trial Court to scrutinize the implication of Danish in Crime No, 431 of 2012. Superiors, as held by the Hon'ble Apex Court in a number of decisions. A copy of this order be also placed is the personal files of respondents Nos. 4 and 5. The IGP is directed to submit his report of MIT-I within four weeks.
10. Office is directed to send a copy of this order to the IGP Sindh for necessary compliance. The petition stands disposed of in the above terms along with the listed application.