1. ' In this petition under section 561-A, Cr.P.C. The petitioner has prayed that the respondent No,2 (Senior Superintendent of Police, District East Karachi) be directed to deliver the cheque amounting to rupees three lacs (Rs,3,00,000) which is lying with him.
2. ' The petitioner is widow of late Aurangzeb, who was employed in Police Department and while on patrol duty on 2-8-1994 he was murdered. Therefore, the Government of Sindh awarded Rupees three lacs (Rs,3,00,000) as compensation and a cheque of this amount was forwarded by the Office of the I.-G. Police, Sindh to the respondent No,2 for delivering the same to the petitioner.
3. However, when she approached the respondent No,2 for receiving the cheque her finger-prints were allegedly taken by the Office of the respondent No,2 but the cheque was not delivered.
4. Thereafter, she made further personal efforts but without any success. She then served a notice through her counsel which was replied by the respondent No,2 who in para.2 stated as under:-- "In this connection it is to inform you that the Government/I.-G. Police Sindh has accorded sanction for the payment of death compensation of Rs,3,00,000 only to the legal heirs. The heirship certificates produced in the case shows that the names of one major brother and one m4jor sister have been included therein, although the deceased has left sons and daughters as his decedents other than his widow. The mother has also claimed to be one of the sharers. Your legal notice dated 18-7-1995 has made the matter more controversial. This office has been acting as ' Amin' and has been entrusted with the amount for its distribution amongst the legal heirs only.
5. ' It is, therefore, suggested that in order to avoid any future legal confusion resulting into unnecessary civil litigation, you are requested to advise your client Mst. Firdous Begum to produce a Succession Certificate from the concerned District Judge, Karachi so that the matter may be finalized without any delay."
6. ' The petitioner has also stated that deceased left behind the widow (petitioner) and one minor daughter namely Zeba and they are the only legal heirs entitled to the compensation awarded by the Government.
7. ' I have heard Mr. Muhammad Iqbal Chaudhry, learned counsel for the applicant and Mr. Azizur Rehman, learned Advocate appearing on behalf of the Advocate-General. The latter submitted that he has no objection if this petition is allowed. The points raised in the petition require consideration therefore, it is admitted for regular hearing.
8. The novel feature of this case is that the amount of Rupees three lacs (Rs,3,00,000) has been sanctioned by the Government as death compensation for the widow and children of the deceased and it cannot be equated with pension and such other benefits to which an employee is normally entitled according to relevant rules. To award compensation of this nature is entirely the discretion of A the competent authority and the spirit behind such an award always is to render financial assistance to the bereaved family of the employee who laid down his life during performance of his duty. In my humble view except widow and dependent children no other relative of the deceased are entitled to claim any share in such type of compensation.
9. ' According to the petitioner beside leaving her as widow and a minor daughter the deceased also left behind five brothers and four sisters. Except one brother whose name could not be ascertained by the petitioner as he is not living with the family being a mentally retarded person all their brothers and sisters are married. Two brothers of the deceased are serving in the Police Department. Mst. Zuhra Begum, the mother of the deceased also submitted application wherein she prayed that she may be allowed to participate in these proceedings as one of the respondents and she may be paid share of the legal heirs of the deceased. It would not be out of place to mention that statement was made at the Bar that she has expired and no other person has come forward to be impleaded as respondent. So far the brothers and sisters are concerned in my humble view they are not entitled to seek any share in a compensation of this nature. But assuming for the sake of argument that if in a situation like the one under consideration the legal heirs are available it is for the parties to settle their claim according to law. In any case the respondent No,2 is not legally competent to B withhold the compensation cheese which was prepared and issued in the name of the widow of the deceased. Therefore, this petition is allowed and thel respondent is directed to deliver the cheese to the petitioner.