1. By consent the suit is decreed as prayed. However, statement has been filed in this regard on behalf of defendants Nos. l and 5. Mr. Zaki states that defendants Nos. 3 and 4 are not present in Karachi and if served it was in their office that the notice was served as such they could not appear and may be, therefore, condoned. However, it was categorically explained to Mr. Zaki that these Army Officers should not act in access of their authority jurisdiction or power that may have been granted to them. These are officers of the Army Monitoring Team such has no power or authority and is only there in relation to monitoring. They cannot pass any order or give directions. It seems to be clear that the defendant No.5 is the brother-in-law of defendant 1 who is a retired Arm Officer.
2. Such defendant No.5, must have requested defendants Nos.3 and 4 to act which they have.
3. Previously also the same defendants Nos. 1 and 5 had requested the same defendants Nos.3 and 4 in which an order had been passed. Mr. Zaki states that presently the defendant No.4 is out for Haj and defendant No.3 is in Lahore. He shall communicate to them that they shall not in future act otherwise than in due process of law and will not interfere in civil litigation and remain within the bounds of law. The defendants Nos. 1 and 5 by the statement have also accepted this position that they gave acted unlawfully and shall not into future act otherwise than in due process of law.
4. Defendant No.2 S.I.P. Hayat Masood of Police Station Defence Housing Authority is present in Court and states that he was only acting on the instructions of the Army Officers Defendants Nos.3 and 4 and that he had no personal interest in the matter. No Officer of the police should allow himself to be dictated by unlawful orders. Officers in the police should be very careful whilst acting as if they act on unlawful orders even of superior officers they shall be personally liable. The Army Monitoring Team or for that matter any person in uniform cannot direct them, to act in any manner otherwise than in due process of law Defendant No.6 is out of Pakistan. He remained un-served. However, he is only attesting witness to the agreement Annexure-D/1 dated 30-10-2000. And when a statement is made by the defendants Nos. 1 and 5 that they shall not act otherwise than in due process the agreement would not be acted upon. The said agreement has been admittedly as it is clear from the statement of the defendants Nos. 1 to 5 and of their counsel obtained .By coercive means and is also, therefore, by consent declared as void and not be acted upon.
5. Presently no action is being taken against any of the defendants whether in uniform or otherwise but in future if such persons specially those who are in uniform act otherwise than in due course 'of law appropriate proceedings shall commence against them.
6. A copy of this order shall also be sent to the Governor Sindh the Corps Commander the General Officer Commanding incharge of the Army Monitoring Cell and Inspector-General of Police who shall issue directions to their officers that such officers should not act on orders that may be unlawful and especially that may have been passed in access of jurisdiction or authority. Suit stands disposed of. All applications in consequence of the decree are also disposed of.