1. This application has been filed on behalf of applicant Shamshad Ahmed Qureshi son of Nazir Ahmed under section 561-A, Cr.P.C. For quashment of the proceedings pending against the applicant in the Court of Assistant Commissioner and SDM, Malir under Section 14 of Sindh Crimes Control, Act, 1975.
2. The brief allegations as alleged by the S.H.O. P.S. Malir against the applicant are that he is an activist of labour organization leading unruly mobs/processions and commits riots thereby disturbing peaceful situation of Pakistan Steel Mills. In the report the S.H.O. Has further shown that the applicant was involved in the offences under sections 147, 148, 342, 425, and 505, P.P.C. Of Bin Qasim Police Station being Crime No.6/90 and in the F.I.R. No.24/89 of the same police station for the offences under sections 147, 148, 336, 307, 427 and 323, P.P.C. It is also alleged in the report that proceedings under section 107/117, Cr.P.C. Were also taken against the' applicant and the case is pending for trial in the Court. On the basis of this report the learned Assistant Commissioner, S.D.M., Malir passed order and issued N.B.W. Against the applicant, who was arrested by the police and produced before him. After his arrest, the learned Magistrate initiated proceedings against the applicant under section 14 of Sindh Crimes Control Act, 1975 as the applicant according to him was dangerous criminal and further ordered that the applicant be detained in prison for a period of 30 days under section 8(3-B) of the Sindh Crimes Control Act, 1975 pending inquiry.
3. The learned counsel for the applicant has contended that the provisions of sections 5 and 6 of the Crimes Control Act have not been complied and as such the proceedings under Section 14 of the Crimes Control Act are illegal. He has further contended that out of for cases mentioned in the report submitted by the police before the S.D.M., the applicant in two cases has been let off by the police after investigation under section 169, Cr.P.C. And in the cases in which the present applicant was challaned, he has been acquitted in one case under section 249-A, Cr.P.C. And in another case proceedings were dropped against the applicant under section 119, Cr.P.C. The learned counsel has produced photo copies of such orders which are kept on record. It has been further contended that the report of the police was submitted before the Assistant Commissioner in his capacity as S.D.M.
4. And not in his capacity as the Tribunal as is required under the Sindh Crimes Control Act and as such the S.D.M. Should not have exercised powers under section 14 of Sindh Crimes Control Act.
5. According to the learned counsel the report does not even mention the details of time and place of such acts and the proceedings have been initiated by the learned S.D.M. On the basis of vague report submitted by the police: Learned Counsel for the State has not been able to give any reply to the contentions raised by the learned counsel for the applicant.
6. I have gone through the record and proceedings of this case and I am of the considered view that the learned Magistrate has not followed the provisions of sections 5 and 6 of the Sindh Crimes Control Act, besides only the Tribunal can take the cognizance on report of S.H.O. Of P.S. And the S.D.M. Cannot take cognizance on police report under the Act, as such A continuation of proceedings against the applicant will be abuse of the process of the Court. Besides, the applicant has been let off in all for cases mentioned in the report. In fact, the police should have waited for the decisions of the cases.
7. It has always been observed in various judgments of this Court that Sindh Crimes Control Act, 1975 being a statute curtailing liberty of a person provisions of the Act have to be strictly followed and disregard of the B provisions of the Act affects the entire proceedings. In 1990 PCr.LJ 1249 it has been held that the allegations against the accused were vague and general in nature and no specific instance, time, date and place was mentioned in the' report and the cases against accused mentioned in the report were pending before the Courts and that the accused was not a previous convict of any substantive offence, the proceedings initiated under Sindh Crimes Control Act were quashed. It has been further held in 1977 PCr.LJ 746 that the proceedings initiated against the petitioner based on police report containing no particulars of time and place of the acts alleged against the petitioner nor such report accompanied by the copies of the F.I.R. Or copies of the complaints made against him by the residents of the locality it was held that the proceedings initiated were in disregard of the provisions contained in sections 5 and 6 of the Sindh Crimes Control Act. It has been further held in PLD 1980 Kar. 267 that report submitted by the police wholly vague lacking in particulars without detailing time and place of the acts charged, but giving by way of particulars a list of cases in which the petitioner was challaned, it was observed that mere list of cases in which the petitioner was challaned cannot be substituted for statement of particulars to be given under section 5 and it was further held that taking cognizance on such report was not proper.
8. It has been held in various other judgments of this Court in numerous cases that cognizance under this Act cannot he sustained in absence of completion of requirements of sections 5 and 6 of the Sindh Crimes Control Act.
9. The perusal of the report and the record of the case clearly shows that issuance of even N.B.W.
10. Were neither proper nor legal.
11. For the abovesaid reasons, I feel that the proceedings in this case against the applicant have not been taken lawfully and therefore continuation of the proceedings against the applicant will be abuse of the process of Court. Therefore, proceedings pending against the applicant are hereby quashed. The applicant is already on bail and, as such his bail bonds are hereby discharged.
12. Record and proceedings be sent back to the concerned Court.