1. ' AAMIR RAZA NAQVI, J.---1. Learned counsel states that office objections have been complied with.
2. Learned counsel states that in the first instance he had lodged an F.I.R. Bearing No. 26 of 2014 against Respondent No.8. Learned counsel says that such F.I.R. Was got registered because he has sufficient material against the respondent No.8 to proceed against him. That F.I.R. Was challaned in the Court of IInd Additional Sessions Judge Karachi (South). Learned counsel states that in retaliation a series of F.I.Rs are being lodged against the sons of Respondent No.8 and petitioner and he has to move a bail before arrest in each case.
2. ' Learned counsel further states that the petitioner is a businessman and law abiding citizen and this situation has created harassm ent to the petitioner and he is not able to do his business freely.
3. The respondents Nos.2 to 6 are police officials they are either present or somebody is present on their behalf. The police officials state that if someone comes at police station and makes a statement under section 154 Cr.P.C. Attracting penal clauses they have to register an F.I.R. If the allegations are cognizable but they further say that lodging of F.I.R. Against any person does not mean that he would necessarily be arrested in that case. Police invariably investigate the matter and arrest is effected only if sufficient material is available against that person which warrants arrest. All the officials state that even if any F.I.R. Is lodged in future against the petitioner he shall not be arrested unless there is sufficient evidence against him, collected by the police which warrants his arrest.
4. ' Lodging of F.I.Rs is increasing day by day in the matters which are primarily civil in nature or in other cases the tendency of F.I.Rs. Being lodged in retaliation is also on rise. Obviously when any F.I.R. Is registered against any person whether true or false the atmosphere prevailing in our country creates fear in the minds of that person and as a result whether necessary or not invariably people go and obtain pre-arrest bail which of course is their right, but at the same time this creates burden on the courts. The legal position is that it is not necessary that a person is required to be arrested if an F.I.R. Is lodged against him for a cognizable offence and investigation is being conducted. Lodging of F.I.R. Does not necessarily mean that person nominated in that F.I.R.
5. Shall be arrested. It is legal requirement that before arresting a person police must investigate the matter in detail before arresting any person, the police official who intends to arrest any person must satisfy himself that arrest is necessary he must collect evidence first against that person which justifies arrest. One can be arrested only if sufficient evidence A exists against him justifying his arrest. Even in case where complaints or F.I.Rs. Are lodged against any one he should be treated in a civilized manner as Constitution requires that every citizen of this country has a right to be dealt in accordance with law, dignity of man is inviolable (Article 14). All government officials particularly police officers are required to conduct themselves in a manner that nobody should fear of going to police station when he knows that he is innocent he should be confident that he ,shall not be harassed at the police station. Now the time has come that we should change ourselves to become a better society and State in the civilized world.
6. ' The police officials present state that they would conduct themselves in accordance with law and the requirements of the Constitution and not only petitioner but all citizens are entitled to be dealt in above manner. It is clarified that if as a result of proper impartial investigation some evidence comes against the petitioner before arresting him formally he will be confronted with that evidence and his explanation .(if he chooses to offer one) shall be recorded by the police such evidence and explanation should be available in police diaries before an arrest is effected. With these observations the above constitutional petition is disposed of.
7. ' Office is directed to send this order to the Inspector General of Police with the direction that he should circulate this order among the heads of police departments in all districts of Province of Sindh, and they shall ensure compliance.