IN THE HIGH COURT OF SINDH

AT KARACHI
(Constitutional Jurisdiction)

Constitution Petition # -S -/2002

Hafiz Noor-ul-Amin………………………………………………..Petitioner.

VERSUS
Government Of Sindh through
Home Secretary, & another…………………………..………….. Respondents.

INDEX

S.#. DESCRIPTION ANNEXED PAGES

From to
1. Memo of petition 1 7
2. copy of App submitted A 09
4. Exemption application, Affidavit 11 13
5. Urgent application, 15
6. Vakalatnama 17

Karachi.
Dated : 27-04-2001 Advocate for the petitioner
 Page # 1

IN THE HIGH COURT OF SINDH

AT KARACHI

(Constitutional Jurisdiction)

lConstitution Petition # -S- /2002

Hafiz Noor-ul-Amin son of Hafiz Abdul Aziz

Muslim adult resident of House # 20,
Sector 15-B,Buffer Zone
North Karachi Karachi……………………………….…….Petitioner.

VERSUS

1. Government Of Sindh through

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

2. Station House Officer

Police Station Sir Syed
Karachi Central….……………………………………..……Respondents.

CONSTITUTION PETITION UNDER

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

The petitioner above named most respectfully entreats to submit as under:

1. That the petitioner is law abiding citizen and Hafza Quran,

rersiding on the address given above with his family.
2. That a gang of criminals namely Muneer Babul ,Rafique and
Hameeda etc occupied the house of petitioner, assaulted upon the petitioner and
his family members and threatened of dire consequences .

3. That the petitioner went to police station in order to lodge his case
where he too was threatened by police officer and other constables in support of
above mentioned criminals. The petitioner have been going at police station but
no body is ready to help him.

Page # 3
4. That the petitioner submitted his complain in writing to
respondent # 2 but all in vain.( True photo State copy of Application is
appended here with and marked as ‘A’,

5. That the petitioner have availed alternate remedies available to

him by submitting written application to the Police to look into the matter but
no relief was granted to the petitioner but he is being threatened of dire
consequences and there is severe apprehension that criminals along with police
personnel shall give big loss to the petitioner

6. That from the perusal of Section 154 Criminal Procedure Code it

clearly shows that word ‘shall’ has been used three times in the provision , the
same is mandatory in nature, officer in-charge of a police station is duty bound
and it is statutory obligation of such officer that on receipt of information
whether orally are in writing he has to record the same in the book prescribed for
such purpose and no option or discretion is left with the officer in that regard.

7. That refusal by respondent # 2 to register a cognizable offence is

violation of his duty breach and negligence and such commission on part of the
Station House Officer exposes him to panel as well as disciplinary action under
rules of section 29, Police Act ,1861 and such act also falls with in the ambit of
section 217 Pakistan Penal Code .

8. That police men are the State employed, guardians of citizens,

first component of system of criminal justice and are functioning in connection
with the affairs of the province – police men are 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 with in the
parameters assigned to them , High Court would come to the rescue of the
aggrieved citizen.

9. That under Article 4 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 .

10. That direct complaint is not the adequate remedy and even other
wise availability of such an alternate remedy would not take away a discretion of
this honorable court and deter the court from giving direction to police etc record

Page # 7
 Page # 5
First Information Report in an appropriate case and this is proper case in which
may exercise such discretionary power in good faith .Having regard to all
relevant consideration , justly ,fairly and reasonably.

11. That no other adequate remedy is available to the petitioner for

lodging his report with respondent # 2 except seeking direction from this
honorable court .

That there is no impugned order in this constitution petition , and

the petitioner has not filed any other petition prior to this constitution
petition nor he has filed any complaint before any court of law on the
subject on the matter .

P R A Y E R

The petitioner therefore prays that writ in his favor and against the
respondents as under:

a) To direct the respondent # 2 ,to record the statement of

petitioner under Section 154 Criminal Procedure Code and if it discloses a
cognizable offence register the case and proceed according to law or application
received by him be treated as statement Under Section 154 Criminal Procedure
Code and convert the same into First Information Report .

b) to direct the respondent # 1 to make an arrangement for

taking action against respondent # 2 under section 29, Police Act ( V of 1861)
and under section 217, Pakistan Penal Code.

c) or any other equitable relief (s) as this honorable Court

may deem fit and proper under the circumstances of this constitution petition.

Karachi Petitioner
Dated: 27-04-2002

Advocate for the petitioner

VERIFICATION

I, Hafiz Noor-ul-Amin son of Hafiz Abdul Aziz Muslim adult resident of

House # 20, Sector 15-B, Buffer Zone North Karachi / petitioner 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
 Page # 7
The deponent is identified by me

Advocate

Oath administered before me by the deponent above named at Karachi on this

27th day of April 2002 ,the deponent is identified to me By Mr. S.M.Alam
Advocate, who is personally known to me.

Commissioner for taking affidavit

Documents field with : annexed A

Documents relied upon
Address for service
of the petitioner
Address for service of
petitioner’s counsel
: as above and all other
: necessary documents
: As given in the memo of
: the constitution petition
: Office # 520 Sunny Plaza
: Hasrat mohani Road Karachi
 Page # 11

IN THE HIGH COURT OF SINDH

AT KARACHI
(Constitutional Jurisdiction)

Constitution Petition No-S- /2002

Hafiz Noor-ul-Amin…………………………………………..Petitioner.

VERSUS

Government Of Sindh through

Home Secretary ,and another………………………………Respondents.

APPLICATION UNDER SECTION 151

CODE OF CIVIL PROCEDURE , 1908

It is most respectfully prayed that this Honorable court may kindly be

pleased to exempt the petitioner from filing original /certified copy of
annexed ‘A’ as original was received by respondent # 2 and further
to exempt form filing English translation of annexure 'A’
Prayer is most earnestly with clean hands in the greater interest of
justice and equity.

Karachi. Advocate for the petitioner.

Dated: 27-04-2001 .
 Page # 13
For Immediate use

IN THE HIGH COURT OF SINDH

AT KARACHI
(Constitutional Jurisdiction)

Constitution Petition No-S- /2002

Hahiz noor-ul-Amin………………………………………..Petitioner.

VERSUS

Government Of Sindh through

Home Secretary ,and another………………………………Respondents.

AFFIDAVIT

I, Hafiz Noor-ul-Amin son of Hafiz Abdul Aziz Muslim adult resident Buffer
Zone North Karachi do hereby state on oath as under:-
1. That I am petitioner in the above matter, as such am fully
conversant with the facts there of.
2. That the accompanying application under section 151, Code Of
Civil Procedure as well as urgent application has been drafted and filed by me
counsel under my specific instructions, contents there in are true and correct to
the best of my knowledge, information and belief and I adopt the same as an
integral part and parcel of this affidavit.
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: 27-04-2002. DEPONENT.
Identified by me .

Advocate.

Stated on Oath before me by the deponent at Karachi, on this 29th day of April
2002, deponent is identified to me by Mr. S.M .Alam Advocate who is
personally known to me personally.

Commissioner for taking affidavit.

Page # 21
 Page # 15
115153

IN THE HIGH COURT OF SINDH

AT KARACHI
(Constitutional Jurisdiction)

Constitution Petition No-S- /2002

Hafiz Noor-ul-Amin……………………………………………..Petitioner.

VERSUS

Government Of Sindh through

Home Secretary ,and another………………………………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 in Court on 05.2002, as if immediate action
is not taken, there is possibility that culprits shall abscond and material evidence
shall be destroyed.
The prayer is made most earnestly in the greater interest of Justice and equity.

Karachi.
Dated: 27-04-2002. Advocate for the petitioner