' This application under section 561-A, Cr.P.C. Is moved on behalf of the applicant Afzal Khan son of Muhammad Khan, who is facing proceedings under section 14 of the Sindh Crimes Control Act, 1975 pending before the learned S.D.M./Tribunal S.I.T.E., Karachi.
2. The said proceedings were instituted against the applicant on the basis of a police report submitted by S.H.O. Police Station Pak. Colony, Karachi. In the said report it was alleged that the applicant is habitual offender, he is a bully type criminal and dangerous person, his being at large without security is hazardous to the community.
3. On the basis of the said police report the learned Tribunal took cognizance of the same with the result the applicant is now facing the said proceedings.
4. I have heard Mr. Nizamuddin Memon, learned counsel for the applicant and Mr. Muhammad Zubair Qureshi, Advocate for the State.
5. It has been contended by the learned counsel for the applicant that the police report on which the cognizance has been taken by the Tribunal, contains vague and general allegations and the same is in violation of the mandatory requirement of section 6 of the Sindh Crimes Control Act. On the other hand learned counsel for the State has not opposed this application.
6. I have considered the points raised by the learned counsel and I have carefully gone through the material available on record. The perusal of the police report clearly indicates that it contains vague and general allegations without there being any material to substantiate the same.
Furthermore, under section 6 of the Sindh Crimes Control Act, 1975 it is necessary to mention the details of the time and places of the act complained of. Said police report is completely silent regarding such details. Three cases are shown to have been registered against the applicant, two of them are under Gambling Ordinance while the third is under section 13-D of the Arms Ordinance.
The allegations which have been made in the police report have no nexus with the said cases shown to have been registered against the applicant. Moreover, these proceedings are preventive in nature and it primarily deals with the character and reputation of the individual which can only be established through the first hand information. This virtually means that evidence as to character can be established through witnesses who reside round about the place where the applicant resides. In the present case the only allegation against the applicant is that he is a bully type criminal and dangerous person. There is no material whatsoever to corroborate the police report.
7. In such circumstances where there is complete lack of material the very taking of cognizance by the learned Tribunal becomes questionable. Such proceedings tantamount to harassing the applicant and allowing the same to continue will not secure the ends of justice. On the contrary it will lead to grave injustice. As the proceedings are not in confirmity with the requirements of section 6 of the said Act, therefore, the proceedings are an abuse of the process of Court.
Obviously the cognizance has also been taken in a mechanical manner by the Tribunal. In these circumstances I am of the considered view that the proceedings pending against the applicant are clearly an abuse to the process of Court and the same cannot be allowed to continue.
Accordingly I allow this application and quash the proceedings pending against the applicant before the learned S.D.M./Tribunal S.I.T.E., Karachi.