IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition No-D- 166 /2004

.Aqeel Ahemd and other… ………………….…. Petitioners

VERSUS

Government of Sindh through

Home Secretary, & others ……………….……………… Respondents

I N D E X

S.No. DESCRIPTION ANNEXED PAGES

From to
1. Memo of petition 1 9

2. Copy of FIR 4/2004 A 11

3. Legible Copy of FIR B 13 15

4. Copy of FIR 9/2004 C 17

5. Legible Copy of FIR D 19-21
6. Copies app & Receipts E to J 23 to 33
7 App 16.02.2004 Receipt K to L 35 to 37

8. Exemption Application
& it Affidavit 39 41
8. Urgent Application
& its Affidavit 43 45
9. Vakalatnama 47
Karachi.
Dated: 18-02-2004 Advocate for the petitioners
 Page # 1

IN THE HIGH COURT OF SINDH

AT KARACHI

(Constitutional Jurisdiction)

Constitution Petition #-D- /2004

1. Aqeel Ahmed son of Ameer Ahmed Khan

Muslim adult, resident of K-227/B,
Haji Mureed Goth, Gulbahar Karachi.

2. Rahim Bux son of Haji Taj Muhammad

Muslim adult, resident of K-402, Khamosh Colony,
Haji Mureed Goth Karachi…………………………….…..Petitioners.

VERSUS

1. Government Of Sindh through

Home Secretary ,New Sindh Secretariat
Kamal Atta Turk Road, Karachi.

2. Capital City Police Officer

having office at Central Police Office
I.I. Chundrigar Road Karachi ….…….…………..……Respondents.

CONSTITUTION PETITION UNDER

ARTICLE 199 OF THE CONSTITUTION
OF ISLAMIC REPUBLIC OF PAKISTAN,1973

It is most respectfully submitted as under:-

1. That the petitioners are law abiding citizen, belong to lower middle
class family and not source full people.
 Page # 3

2. That on 24.012004, petitioner # 1 lodged FIR # 04/2004 Under

Section 382/427/454/34 Pakistan Penal Code against one Fareed
Ahmed and others at police station Gulbahar, Liaquatabad Town
Karachi ( Photo state copies of F.I.R. # 04/2004 and its legible copies
are appended herewith marked as ‘A’ and ‘B’ )

3. That petitioner # 2 is truthful eye witness of the incident mentioned in

FIR # 04/2004 registered under Section 382/427/454/34 Pakistan
Penal Code against one Fareed Ahmed and others at police station
Gulbahar, Liaquatabad town Karachi. The police has deliberately
failed to arrest any of the culprits of the said F.I.R. # 04/2004 as are
in agreement with one gunda element, namely Bilal Shaikh of the
same locality and in the first instance those gunda persons tried to
compel the petitioner # 1 not to pursue his case and on their failure
they tried to change the petitioner # 2 from deposing in investigation.

4. That on 08.02.2004, with main object to restrain the petitioner # 2

not to disclose truth, came at his shop and put pistol on his forehead
and threatened for killing. Petitioner # 2 reported the matter to area
police as well as investigation officer of aforesaid FIR # 04/2004 but
no action was taken.
5. That on 14,02,2004 at night gunda element namely Bilal Shaikh, who
was previously constantly threatening the petitioner # 2 came at the
shop and caused to shut down the shutter of the shop and locked it.
The matter was reported to SHO Police Station Gulbahar, who lodged
FIR # 9/2004 Under Section 506-II/447 Pakistan Penal Code and in
stead of arresting him and with sole object to protect the culprits, he
informed the culprits at once. ( Photo state copy of F.I.R. # 09/2004
and its legible copies are appended herewith marked as ‘C’ and ‘D’ )

6. That both the petitioners informed day to day messages received to

them from culprits but no body paid any heed and up till today none of
the accused has been arrested and they are at large. The petitioners
are unable to resume their daily duties. Bilal Shaikh has installed
 Page # 5
cameras in and out side of his house and shop of petitioner # 2 is just
in front of his house and as well as he goes there his armed body
guards come out and threatens him and occupy the front of his shop
and same situation is facing by petitioner # 1.

7. That petitioner # 1 to safe his life and property has sent applications
to police officers including respondent # 2( Photo state copies
Applications and receipt are appended herewith and marked as E to J

8. That petitioners on 16.02.2004, sent a joint application to respondent

# 2 but no result, while next day on 17.02.2004, petitioners were
received a messages that now their case will be decided in ‘Deva
Court” that is a court created and constituted so motto in his house
as cases of big officials are decided here. ( Photo state copies of
application dated 16.02.2004 and receipt are appended herewith and
marked as K and L ).

9. That on 18.02.2004 030 Hours at night, Bilal Shaikh and his

companions /co-accused of FIR came at the house of petitioner # 2 in
order to kidnap him but luckily he was not present at his house and
was saved. The culprits threatened his family and went away with
direction not to pursue the cases lodged against them at police station
Gulbahar . In the first instance, the matter was reported to area
police and it was also brought in the knowledge of DSP and
incharge investigation of Gulbahar Zone III Karachi but all in vain.

10. That the petitioners have availed alternate remedies available to him
by submitting written applications to the Police hierarchy in the first
instance including respondent # 2, who has commanding controls
over the police both department operation as well as investigation but
did not bother to look into the matter and no relief was granted to the
petitioners.

11. That police men are the State employed, guardians of citizens, first
component of system of criminal justice and are functioning in
 Page
connection with the affairs of the province – police men are #7
charged
with multifarious duties relate able to enforcement of law,
maintenance of social order and preservation of piece subject to
control of judiciary and movement High Court comes to conclusion
that functionary of police were not performing duties within the
parameters assigned to them, High Court would come to the rescue of
the aggrieved citizens.

12. That under Article 4 and 9 of the Constitution, it is inalienable right

of every citizen to be dealt with in accordance with law, fundamental
rights of a citizen when ever violated and brought to the notice of
High Court should be investigated and an appropriate order is to be
passed in exercise of its jurisdiction under Article, 199 of the
Constitution.

13. That no other adequate remedy is available to petitioners for seeking

directions against respondents except by filing this constitution
petition in this Honorable Court.

14. That there is no impugned order in this constitution petition, and the
Petitioners have not filed any other constitution petition in this
Honorable Court or any other Court prior to this constitution petition
for the relief prayed in this petition .

P R A Y E R

The petitioners therefore prays that this Honorable Court may be

please to issue writ/direction as under:

a) To direct the respondents to provide safety of the lives of the

petitioners, their families and safe their properties as provide under
the constitution and deal them according to law.

b) or any other equitable relief (s) as this Honorable Court may deem fit
and proper under the circumstances of this constitution petition.

Karachi Petitioner # 1
Dated: 18 -02-2004
Petitioner # 2
 Advocate for the petitioners
Page # 9
VERIFICATION

I, Aqeel Ahmed son of Ameer Ahmed KhanMuslim adult, resident of K-

27/B, Haji Mureed Goth, Gulbahar Karachi. , Muslim, Adult resident
of Karachi / petitioner # 1, above named do hereby verify on oath that
whatever has been stated above is true and correct to the best of my
knowledge, information and belief.

Deponent

The deponent is identified by me

Advocate
Oath administered before me by the deponent above named at
Karachi on this 18 th day of February 2004, the deponent is identified
to me By Mr. Ashraf Ali Butt Advocate, who is personally known to
me.
Commissioner for taking affidavit
Documents field with annexed A to L
Documents relied upon as above and all other
Necessary documents.

Address for service as given in the memo of

Of the petitioners the constitution petition

Address for service of M/s.Aashar Law Associates

The petitioner’s counsel
19-20, Mezzanine Floor Al-
Burhan Center Saddar
Karachi.
Ph.7233100, 7236986 &
7221264
Fax # (021) 7221264
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition #-D- /2004

Aqeel Ahmed and an other ………………….…….…. Petitioners

VERSUS

Government of Sindh through

Home Secretary and others ………………………………. Respondents.

APPLICATION UNDER SECTION 151

CODE OF CIVIL PROCEDURE, 1908

On consideration of facts and grounds, incorporated in the

accompanying affidavit, it is most respectfully prayed on behalf of the
petitioners above named that this Honorable Court may kindly be
pleased to exempt the petitioners from filing certificate
copies/originals of documents annexed-A, C, E, F, G, H, I, J, K and L
and further from filing English translation of annexures -----------.

Prayer is made most earnestly in the interest of justice and equity.

Karachi Advocate for the petitioners.

Dated: 18 /02/2004.
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition #-D- /2004

Aqeel Ahmed and an other…….………. ….……..…. …. Petitioners

VERSUS

Government of Sindh through

Home Secretary and others ………………..……………… Respondents.

AFFIDAVIT

I, Aqeel Ahmed son of Ameer Ahmed KhanMuslim adult, resident of

K-227/B, Haji Mureed Goth, Gulbahar Karachi Karachi, do hereby
state on oath as under: -

1. That I am petitioner # 1 in the above matter as such am fully

conversant with the facts there of and able to depose the same as
accompanying application for exemption has been drafted and filed
by my counsel under my specific instructions, contents there in are
true and correct to the best of my knowledge, information and belief.
2. That I shall be seriously prejudiced and shall suffer an irreparable
loss, until accompanying application is allowed.
3. That whatever stated above is true and correct to the best of my
knowledge and belief.
Karachi
Dated: 18-02-2004. Deponent.
P
Identified by me.

Advocate.
Stated on Oath before me by the deponent above named at Karachi,
on this 18th ay of February 2004, identified to me by Mr. Muhammad
Imran Butt , Advocate, who is personally known to me personally.

Commissioner for taking affidavit.

 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition #-D- /2004

Aqeel Ahmed and am other….………. ….……..….…. Petitioners

VERSUS

Government of Sindh through

Home Secretary and others ………………..……………… Respondents.

APPLICATION UNDER RULE IX CHAPTER III-A

VOLUME - V, SINDH CHIEF COURT RULES.

It is submitted that this Honorable Court may kindly be pleased to

treat this matter as urgent motion and fix the same in Court on 19-
012-2004, as if immediate action is not taken, the petitioners shall be
perversely effected as their lives and properties are not safe and
police has failed to provide any sort of protection as sated in the main
petition
The prayer is made most earnestly in the greater interest of Justice
and equity.

Karachi.
Dated: 18-02-2004. Advocate for the petitioners
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition #-D- /2004

Aqeel Ahmed and an other……….………. ….……..…. Petitioners

VERSUS

Government of Sindh through

Home Secretary and others ………………..……………… Respondents.

AFFIDAVIT

I, Aqeel Ahmed son of Ameer Ahmed KhanMuslim adult, resident of

K-227/B, Haji Mureed Goth, Gulbahar Karachi, do hereby state on
oath as under: -

1. That I am petitioner # 1 in the above matter as such am fully

conversant with the facts there of and able to depose the same.
2. That the accompanying application for urgent hearing has been
drafted and filed by my counsel under my specific instructions,
contents therein are true and correct and I shall be seriously
prejudiced and shall suffer an irreparable loss, until accompanying
application is allowed.
3. That whatever stated above is true and correct to the best of my
knowledge and belief.
Karachi
Dated: 18 -02-2004. Deponent.

Stated on Oath before me by the deponent above named at Karachi,

on this 18th day of February 2004, deponent is identified to me by
Mr. Muhammad Imran Butt, Advocate, who is personally known to me
as practitioner.

Commissioner for taking affidavit.