1. ' On 28-9-2002 a telegram was received by this Court from Somlo son of Balchand, which was converted into petition and was placed into Court. The petitioner has not been given notice on account of mistake of the Office. However, the notice was issued to the A.S.-I. Atta Muhammad.
2. S.H.O. Muhammad Khan Zaur and Mian Dad Jakhro, I.P.O. Operation Tando Muhammad Khan.
3. According to the A.S.-I. Atta Muhammad he received a message from S.H.O., Police Station Tando Muhammad Khan when he was on police mobile to reach B&R Colony and contact Mumtaz Ali Kolachi as there was some law and order situation. This message was received by him on 14-00 hours on 21-9-2002. According to him when he reached in the R&R Colony Tando Muhammad Khan hundreds of people were present outside the, house of Pervaiz Khashkheli. Mst. Riyan present in Court was standing with Pervaiz Khashkheli. Khalil Ahmed, Abdul Wahid, Shakeel Ahmed. Mumtaz Ali Kolachi who told him that Pervaiz Ahmed was committing rape with said Riyan and they entered in the house and saw both of them lying in compromising position.
4. ' The A.S.-I. Thereafter took Pervaiz Khashkheli and Mst. Riyan to the Police Station Tando Muhammad Khan alongwith Pervaiz Khashkheli, Khalil Ahmed, Abdul Wahid, Shakeel Ahmed, Mumtaz Ali Kolachi. An F.I.R. No,153 of 2002 was lodged and both these accused persons were arrested and handed over to investigation cell of same police station through A.S.-I. Moula Bux.
5. According to him the F.I.R. No,153 of 2002 lodged with Police Station Tando Muhammad Khan was registered at the complaint of Mumtaz Ali Kolachi in which Abdul Wahid, Shakeel Ahmed and Shafqat were the eye-witnesses of the alleged rape.
6. ' The S.H.O., Police Station Tando Muhammad Khan is present in Court and states that he had received a phone call from Mumtaz Ali Kolachi whereupon he directed the A.S.-I. Atta Muhammad who was on police mobile over wireless to reach B&R Colony and contact Mumtaz Ali Kolachi.
7. ' We had directed the Superintendent, Special Prison, Karachi where the present victim Mst. Riyan was confined to be produced in Court today. In compliance with the orders of this Court Mst. Riyan was produced in Court was examined by this Court and was also cross-examined by the S.H.O. The A.S.-I. And Mr. Muhammad Azeem Panhwar representing the State, who was assisting the Additional Advocate-General who is present on Court notice. In her statement, Mst.. Riyan has alleged that she had gone to Mela (fair) with her husband, mother and three children. On the day when she was arrested by the A.S.-I. Present in Court. On her return she and her family were stopped by the A.S.-I. Atta Muhammad, who took them in police mobile to Police Station Tando Muhammad Khan where her husband, children and mother were locked in a separate room. She was threatened by the S.H.O. Muhammad Khan present in Court and the A.S.-I. And was compelled to give a statement against Pervaiz that Pervaiz has committed rape on her. She was threatened that in the event if she fails to give statement of that nature her husband, children and mother would be killed. She was thereafter taken to doctor twice and was medically examined. After the medical examination she was brought back to the police station where both these Police Officers present in Court had committed rape. In her statement she had stated that she was completely undressed by both these Police Officers before commission of this offence of rape. During her statement, she stated that when she was brought to the police station her gold and silver ornaments were removed by the S.H.O. And the A.S.-I. On the following day her husband brought her father and other persons to the police station and therefore, she was saved from further molestation. Thereafter, she was remanded to judicial custody. She further stated in her statement that when she was brought in Court today. In the corridor the S.H.O. Who is present in Court has extended threats that in the event if she gives any statement against them she will be killed on the way.
8. ' Mst. Riyan has been cross-examined by the State Counsel, by the S.H.O. And the A.S.-I.
9. ' Looking into the allegations and counter-allegations we in order to meet the ends of justice grant bail to Mst. Riyan in Crime No,153 of 2002 registered with Police Station Tando Muhammad Khan on her executing personal bond in the sum of Rs,10,000 before the Additional Registrar of this circuit.
10. The T.P.O. Present in Court states that she is not required in any other case.
11. ' Mr. Noorani states that in view of the statement he has no objection if Mgt. Riyan is released on her executing P.R. Bond before the Additional Registrar and after complying with the legal requirements. We have already granted bail to Mst. Riyan on her executing the personal bond in the said crime, therefore, to which learned Additional Advocate-General has consented to. We direct, the Superintendent Special Jail, Karachi to release Mst. Riyan, if she is not required in any other case. In view of the threats allegedly extended by them to Mst. Riyan the officers present in Court have been warned that in the event if any harm is caused either to Mst. Riyan and any of her family member then they would be held personally responsible.
12. ' We in the aforesaid circumstances direct District Judge, Hyderabad to hold an inquiry against the allegations and counter-allegations levelled by the Police Officers as well as by the husband (petitioner) in the above proceedings and in light of the statement which Mst. Riyan has given in Court, both parties shall be allowed to examine witnesses in support of their version and the learned District Judge shall give his findings within four weeks from today fixing the responsibility on the parties and initiate appropriate action against the party whom he finds guilty. A.S.-I. And the S.H.O. Present shall be transferred immediately to any area other than the present posting or Hyderabad city to avoid any possibility of any influence on the proposed witnesses which are to be examined by the Inquiry Officer. The police file submitted by the Police Officers and record of this Court shall be taken into consideration during the inquiry. Miss Nuzhat Pathan and Mr. Amjad Ali Sehto consents to the aforesaid orders passed hereinabove. The file of this case with the statement of the Mst. Riyan be forwarded to the learned District Judge, Hyderabad to be utilized by him during the course of his inquiry.
13. ' In view of the above directions this petition stands disposed of.
14. ' Mr. Noorani present in Court undertakes to communicate the orders of this Court to D.P.O. In regard to directions of transfer of these officers for compliance.
15. ' After dictating the order in Court whereby we had directed the A.A.-G. To communicate the D.P.O., Hyderabad in regard to transfer of the S.H.O. And A.S.-I. Concerned. The A.A.-G. Contacted the D.P.O., Hyderabad over phone and thereafter reverted back to us and sought our permission to grant audience to the D.P.O. We granted such request. We also put to notice the counsel of Mst. Aiyan who was available in Court.
16. ' We heard the D.P.O., Hyderabad who has submitted that on account of forthcoming elections transfer of the S.H.O., will create serious administrative problem. He, however, submitted that he will personally ensure that the said S.H.O. Would not influence the proposed witnesses in the inquiry in any manner. Such assurance of the D.P.O. Satisfies the counsel for the Mst. Riyan who consents to the modification of the order passed by us to such an extent.
17. ' It appears that the request of D.P.O., Hyderabad is not unreasonable. We, therefore, with the consent of the counsel for Mst. Riyan modify our order to the extent that the S.H.O., Police Station Tando Muhammad Khan, need not be transferred. The D.P.O., Hyderabad has already given an assurance to this Court that he will ensure that the S.H.O. Would not influence the proposed witnesses who are to be examined by District Judge, Hyderabad; on such assurance we have modified the .