HYDERABAD: SHC suspends order of sessions judge
HYDERABAD, April 17: The Hyderabad circuit bench of the Sindh High Court on Tuesday suspended a sessions judge’s order to register an FIR against mukhtiarkar of Latifabad and eight police officials including Latifabad Taluka Police Officer (TPO) Ayub Durrani, three SHOs and an SDO.
Justice Mushir Alam passed the order on a criminal miscellaneous application filed by Additional Advocate General (AAG) Sindh Masood A. Noorani challenging the sessions judge’s order dated April 5..
The session judge had ordered to register an FIR on an application filed by Manzoor Ali Bukhari against Mukhtiarkar Rashid Siddiqui, TPO Ayub Durrani, then SHO A-section police station Rao Nazim, SHO of Hussainabad police station Tariq Khanzada and other police officers, besides SDO Sharif Gul, sub-engineer Syed Aftab Ali and 15 unidentified men.
The applicant prayed the court to suspend the impugned order's operation till the disposal of his application and call record and proceedings of the case.
The AAG informed the court about the case and said Syed Manzoor Ali had filed an application before sessions judge under sections 22-A and B of Criminal Penal Code, alleging that the accused forced into his house on Feb 12 and broke household articles.
They snatched jewellery and property documents and Nazim Rao snatched from him Rs25,000. Other accused also took away household items including TV, CD player and sewing machine and then they set his house on fire, he said.
Mr Bukhari said that when he approached police they refused to register his case and he was made to run from pillar to post and post to pillar before he filed an application before sessions judge for registration of case.
The AAG said that the sessions judge's order for lodging FIR against public servants was against law, equity and contrary to the spirit of the provisions of sections 22-A and B. The order was passed without ascertaining facts and without calling any inquiry report from the SHO concerned about allegations, he said.
He said that the sessions judge ignored the fact that the complainant Mr Bukhari did not have any proof indicating that mukhtiarkar and other police officers acted against law and beyond authority vested in them.
He said that the judge also ignored the fact that the complainant had been involved in illegal activities and occupation of government land, which was evident from FIR no 27/07, lodged by Syed Aftab Ali, senior sub-engineer of HDA.
Anotice had been issued to Mr Bukhari for removal of encroachment, he said and added prayed the court to set aside sessions judge’s order and direct registration of case against the respondent. He said that the respondents should be restrained from taking any action on order dated April 5.
Meanwhile, sessions judge of Hyderabad on a contempt of court application filed by Syed Manzoor Bukhari, directed DPO of Hyderabad to take action against the SHO of A-section police station for non-compliance of his order dated April 5 about registration of FIR against policemen and other officials.