' By this Constitutional petition the petitioner has sought the following relief:--- "(i) That this Hon'ble Court may be pleased to direct the respondent/ S.H.O., Quaidabad Police Station to register a case under the relevant provisions of law against the aforesaid culprits.
(ii) Any other order/direction deem fit and proper under the circumstances of the petition."
2. Brief facts as disclosed in the petition are that petitioner's husband Iqbal Shah was murdered by the police and others in police custody. The petitioner filed C.P. No, S/203 of 1998 for registration of F.I.R., which was allowed by this Court and F.I.R. Was registered.
3. The (late) husband of the petitioner possessed many properties and after his demise dispute arose between the petitioner and the second wife of the deceased, i,e, Mst. Abida Sadique over inheritance. The second wife of deceased Mst. Abida Sadique has filed many civil and criminal cases against the petitioner and her sons in order to coerce and mould her for illegal motives.
4. It is further stated that on 12-3-1999 at about 6-00 a.m. While she was taking tea in her house when she heard noise of knocking at the door of the house and someone was hurling abuses and shouting for opening the door of the house. The petitioner opened the door and found policemen in uniform. They entered in the house and started search. In the meanwhile the second wife of petitioner's late husband Mst. Abida Sadiq alongwith one Chouclhary Bashir Ahmed also entered the house. She hurled abuses and asked the petitioner to hand over her two sons to the police. Mst.
Abida Sadiq also threatened the petitioner that she (petitioner) would be killed in police encounter in her house. The policemen enquired from the petitioner about her two sons namely Syed Ali Shah and Syed Asad Shah. Petitioner informed them that her one son was not present in the house. In the meanwhile her elder son Syed Ali Shah entered in the room. On seeing him Mst. Abida Sadiq and Choudhary Bashir Ahmed told the police that he was the culprit and that he should not be spared. Choudhary Bashir Ahmad took out pistol and fired thrice on the son of petitioner who ran away unhurt. The petitioner requested the police and Mst. Abida Sadiq to spare her sons but in spite of that police went in pursuit of her son. In the meanwhile servants of the house and neighbors assembled. On seeing them the police party along with Mst. Abida went away after issuing threats of dire consequences. Thereafter, the petitioner went to Police Station Quaidabad, Karachi, for report but police refused to register the same.
5. The respondents filed comments' wherein they have admitted the murder of Iqbal Shah in police custody at C.I.A. Centre, Saddar, Karachi. In this context, F.I.R. No, 179 of 1998 under section 302, P.P.C.
Against the police personnel of C.I.A. Was registered and the same is under investigation with Crime Branch of Karachi Police. It is stated that no case has been registered at P.S. Quaidabad, Karachi, on the complaint of Mst. Abida Sadiq against the petitioner.
6. It is further averred that on 12-5-1999 Sub-Inspector Muhammad Anwar Afridi of Police Station Mehmudabad District South, Karachi, had gone to P.S. Qauidabad in connection with the investigation of case, i,e, F.I.R. No, 109 of 1999 under sections 392, 39, (sic), 34, P.P.C. Of Police Station Mehmudabad along with arrested accused Abdul Shakoor son of Abdul Ghafoor. Such arrival was shown by Inspector Muhammad Anwar in the daily diary of Police Station Quaidabad vide Entry No, 84 of 03-40 hours dated 12-5-1999. The said police officer returned back at P.S. Quaidabad and made Entry No, 85 in daily diary wherein he has mentioned that he (Inspector Muhammad Anwar) along with his subordinate staff and arrested accused Abdul Shakoor went at the main gate of the "ADDA" (Den) of Iqbal Shah in Mohallah Touheedabad to arrest the wanted accused on the pointing of accused Abdul Shakoor, who was in custody. They knocked the door of main gate whereupon some persons sitting inside the den opened fire on police party. Looking to the situation that prevailed, at that time police party returned back. No firing was made by the police party in retaliation. It is denied that Mst. Abida Sadiq or Choudhary Bashir Ahmed accompanied the police party. The allegations levelled in the petition were denied. It is also averred that Inspector Israr Ahmed, who was on patrolling duty in the area, upon hearing the firing of shots reached at the site and saw the main gate of den closed and police party of P.S. Mehmudabad standing outside.
7. It is stated that (late) Iqbal Shah, the husband of petitioner, possessed many properties in Karachi and a dispute over the inheritance exists between the petitioner and Mst. Abida Sadiq, second wife of Iqbal Shah, as the petitioner is not prepared to give share to all the legal representatives. In order to deprive Mst. Abida Sadiq and other legal representatives the petitioner has malat'idely and dishonestly adopted coercive measures by making false and frivolous applications to higher authorities containing bald allegations. Some applications were received at P.S. Quaidabad which were returned back by them to D.I.G.P. Crime Branch, Karachi, through S.S.P., Malir for taking legal action as the murder case of lqbal Shah was being investigated by Crime Branch, Karachi, under the orders of this Court.
8. It is further stated that Quaidabad Police has no concern whatsoever with Mst. Abida Sadiq, second wife of petitioner's husband. The allegations levelled in the petition are false, baseless and mala fide. There is no ray of truth therein. The Quaidabad Police under the supervision of Mr. Sanaullah Abbasi, S.S.P. Malir, Karachi, in discharging duties impartially without any political pressure.
9. 1 have heard Mr. Abdul Hameed Lakhani, learned counsel for the petitioner and Mr. Lqbal Raad, learned Advocate General, Sindh, who has opposed the relief claimed by the petitioner. I have also perused the material placed on record.
10 It is well settled that the Constitutional jurisdiction is purely discretionary and discretion cannot be exercised as a matter of course but it is to be exercised with great care and caution. The power under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, is not intended for deciding the disputed question of fact and thwart the procedural law. The clause (1)(a)(i) of Article 199 lays down that subject to the Constitution if this Court is satisfied' that no other adequate remedy is provided under law then this Court can issue directions for performing anything which is required by law and restrain from doing anything which is not permitted or is contrary to law and it also can declare any act as of no legal effect which has been done or performed unlawfully. The writ jurisdiction cannot be invoked as a matter of routine but very sparingly. The petitioner has neither filed any rejoinder to the comments filed by the respondents nor the proposed accused are made party in the petition.
11. Looking towards the peculiar facts and circumstances of the present matter, I am of the considered view that Constitutional jurisdiction cannot be invoked as the petitioner has got another adequate and efficacious remedy provided under the Code of Criminal Procedure, 1898.
12. In this context, I am fortified by the decision in cases of Hasan Din Chishti v. Chief Engineer, WAPDA 1970 SCM R 58, Wasimul Haque v. Government of Sindh PLD 1975 Kar. 1 and Altaf Hussain v.'
Government of Sindh PLD 1997 Kar.
600.
13. For the above reasons, I see no merit in the petition and the same stands dismissed along with the listed application, with no order as to costs.