LARKANA: The Larkana circuit division bench of the Sindh High Court allowing a petition filed by a teacher, Ashique Hussain Memon, has set aside the impugned order of the seventh additional session judge of Larkana and ordered registration of an FIR against Ahsan Ali Siyal, Tarique Anwar Siyal aka Zaffar Anwar Siyal and Suhail Anwar Siyal if a cognizable offence is made out.

Mr Memon in his constitutional petition (D-220/2016) has proposed the FIR he is seeking to lodge. It accuses Ahsan Ali Siyal and six unknown suspects, on the instigation of provincial minister Suhail Anwar Siyal and Tarique Anwar Siyal, intruded his guest room (Otaq) on Feb 23, tried to kidnap his son, Atif Hussain.

On resistance they injured him (the petitioner) and his sons, Atif Hussain and Waheed Ali and harassed them by resorting to firing, the proposed FIR says.

The petitioner had moved an application in the district and sessions court which dismissed it on Feb 26.

The SHC bench comprising Justice Muhammed Iqbal Kalhoro and Zaffar Ahmed Rajput on Tuesday directed the SHO of the Allahabad police station to record the statement of the petitioner. The bench said: “If a cognizable offence is made out, he [SHO] shall record the same in a book kept under Section 154 Cr.P.C. The proposed accused shall be arrested only after the tangible evidence is found against them,” the order said.

The bench also asked the Larkana SSP to assign the investigation of the FIR, if lodged, to an honest police officer.

Advocate Safdar Bhutto, who appeared for Ahsan Siyal, opposed registration of a second FIR and pleaded that the petitioner should join in the investigation.

Advocate Habibullah Ghouri, the counsel for Tarique Anwar Siyal aka Zaffar Anwar Siyal, submitted in court that the petitioner had a political motive to implicate the former home minister Suhail Anwar Siyal in the case. He informed court that his client was not even present in the country that day [Feb 23].

The bench observed that “... veracity of the version of the petitioner cannot summarily be decided here. It is for the investigating officer to verify the same and any statement of the accused recorded during the course of investigation”.

Advocate Athar Abbas Solangi appeared for the petitioner in the case.

Published in Dawn October 27th, 2016