PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973.

IN THE —– HIGH COURT, —–.

W.P. No._______/20–

  1. ——- son of ——— resident of ————–
  2. ——— son of ——— resident of ————-

… Petitioner

Versus

  1. Station House Officer, Police Station ——-, ———.
  2. Station House Officer, Police Station City Pasoor, Tehsil Pasroor, District Sialkot.
  3. Superintendent of Police (Investgation), Sialkot.

… Respondents

 

PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973.

Case FIR No. :     ——

Dated :                 ——–

Offence U/S :       420/506 PPC and 25-D Telegraph Act.

Police Station :    ————–.

Respectfully Sheweth:

  1. That addresses of the parties are correct to the best of knowledge and belief of the petitioners and are sufficient to effect service upon them.
  2. That the petitioner No.1 is aged 67 years. He is a respectable citizen and is a successful Zamindar by profession. He has recently performed Hajj alongwith his wife and has never been convicted or sentenced in any criminal case. He belongs to a respectable Rajput family of village Ramkay, Tehsil Pasroor, District Sialkot. Petitioner No.2 is his son and was elected Tehsil Naib Nazim of T.M.A. Pasroor with the support of members of Pakistan Muslim League (Q). He is working as Tehsil Naib Nazim for the last three years diligently and honestly and there has never been a complaint against him about mismanagement or misappropriation of public funds, misconduct or misuse of his authority. He has got executed works worth 8 to 10 crores of rupees within the territorial limits of T.M.A. Pasroor. Election and successful performance of his duties as Naib Nazim has created jealousy amongst politicians of the area belong to other political parties with the result that leadership of which have been trying to find an opportunity to settle their score with him by involving him in some false and frivolous criminal cases so that he could be ousted from politics in his career as a politician lest he may become a challenger. They could not succeed in their efforts during the last regime as they could not find any incriminating material or evidence against him, which further resulted in the depth of their jealousy and wrath opportunity to give vent has recently arisen by change of government in Punjab. The petitioner No.3 who is son of petitioner No.1 is doing business to install a Rice Husking Unit in the area of Kamonke District Gujranwala. A hub of rice growing area, hence the chance of a Rice Husking Unit in the vicinity of the said city was considered by him to be the best choice for doing rice husking business.
  3. That the Respondent No.4 with the help of political leadership of his area, which includes MNA and Federal Minister and belongs to PML(N) collaborated with the political leadership of the same party of District Sialkot particularly the constituency to which the petitioner belongs and in which constituency TMA Pasroor area also falls, in order to crush him politically and otherwise, Respondent No.1 to 3 including the higher hierarchy of the said department have picketed Ramkay wherein all the three petitioners live and have started day and night illegal raids in the houses of the residents of the village including that of the petitioners irrespective of the facts whether there is allegation for commission of some illegal act in the said house or not even at the cost of interfering with the privacy of residences of the village with the result that the children and women folk living in the village were so much terrified and scared that they are not in a position to come out and re-enter their houses. They were insulted, ridiculed at the hands of the local police during the course of illegal raids at odd times i.e. early or late night, people of the village were being treated as if they were not citizen of Pakistan and are prisoner although they are innocent citizens and had not committed any offence. Similarly it transpired that the petitioners have been made the main target and are being involved in false and frivolous criminal cases of stereo type containing false allegations made by planted and non-existing complaints. No information or copies of the First Information Reports, if any, were being supplied to the petitioners in order to deprive them to approach a court of law although they have a fundamental right to get an information about any incriminating material or allegations leveled against them and approach a court of law. It is submitted with respect that the petitioners are law abiding citizens. They are living a respectable life and are leading life of gentlemen of the society. They are respected in the area, therefore, they are ready to face the legal proceedings, if taken in a legal manner not by way of political vendetta and counterblast to the allegations against Respondent No.4. Respondents functionaries of the government are acting in illegally manner and in violation of the Fundamental Rights of the petitioners of protection of their life, liberty peaceful living in their residences in performance of their business in accordance with law, privacy of their houses “Chadar aur Char Diwari” and have a right to approach honourable Courts of the country for redressal of their grievances. Action of the Respondents as has been mentioned above, is contrary to the law, tainted with malafide, violative of Fundamental Rights of the petitioners, hence without a lawful authority.
  4. That aggrieved of the aforementioned illegal action being taken by the Respondent No.1 to 3 under Directions from Respondents No.5 the petitioner filed writ petition No.10882/2008 before this Honourable Court with the following prayers:-
  5. Respondents should not act against the provisions of law and should stop raiding and picketing the village as well as the residents of the petitioners and that of other residences of the village Ramkay. They should immediately remove such like pickets and cordoning the village and stop illegal raids;
  6. Respondents may be directed to supply to the petitioner certified copies of any allegation, application or information given to them by anybody wherein some incriminating allegation may have made against them so that they could approach a court of law;
  7. The Respondent No.2 should Register a criminal case against Respondent No.4 under the provisions of Section 489-C PPC for issuing a cheque, which has been dishonoured with a direction to pay the amount of Rs.17,00,000/- illegally being retained by him;
  8. In Order to enable the petitioners to enter their houses and to see as to what has happened to their women folk and their children and property, Respondents should be asked not to arrest and cause any harassment to the petitioners and their other family members in any manner till disposal of the titled writ petition;
  9. Any illegal and consequential proceedings pending with the Respondents be ordered to be set aside as being illegal and without a lawful authority
  10. Any other relief including the costs may be awarded.
  11. That the writ petition, which was filed on 01.09.2008 came up for hearing before his Lordship Mr. Justice Muhammad Akram Qureshi on 02.09.2008. His Lordship while issuing various directions to the Respondents No.1 and 2 adjourned the case for further hearing to 04.09.2008 so that they should produce the record pertaining to the cases registered against the petitioners, if any, and other incriminating material so that copies thereof could be given to them for approaching to the courts of competent jurisdiction for redressal of their grievances.
  12. That in pursuance of the Order passed by his Lordship dated 02.09.2008 Respondents No.1 to 3 appeared and produced the record mentioning that there are four cases registered against them FIRs of which were directed to be supplied to the petitioners’ learned Counsel for quashment whereof the petitioner has filed separate writ petitions i.e. W.P. No.11625/2008 to W.P. 11629/2008 wherein next date of hearing is likely to be fixed as 29.09.2008.
  13. That subsequently it transpired that the Respondents No.1 to 3 in collusion with Respondent No.5 in order to make it a ground for effecting the arrest of the petitioners even if they were admitted to bail in the other four cases, hence, to eradicate their malafide intention, got registered FIR No.387/2008 dated 22.09.2008 under Section 420/506 PPC and 25-D Telegraph Act Police Station Saddar Pasroor. However, keeping in view the general bail granted to the petitioners, they could not succeed in their design as such the petitioners were lucky not to be arrested in the said case. Copy of the FIR which is annexed herewith as Annexure-A.
  14. That against the illegal action of the Respondents No.1 and 3 the petitioner also filed contempt proceedings in re:- Criminal Original No.637-W/2008 before this Honourable Court wherein notices have been issued to the Respondents and they have been ordered to appear in person on the next date of hearing.
  15. That FIR No.387/2008 dated 22.09.2008 under Section 420/506 PPC and 25-D Telegraph Act registered with Police Station Saddar Pasroor is false and frivolous, tainted with malafide and has no lawful stand, hence is liable to be quashed as per following amongst other

GROUNDS

  1. That the petitioners No.1 and 3 have not named in the FIR. The complainant has also not involved the petitioners but inspite that of, at the behest of rival political leadership and Respondents No.1 to 3 and 5, the petitioners are also being involved in the case. It is submitted with respect that strangely enough the place of occurrence has written in village Ramkay whereas the complainant has mentioned different places of occurrence and different accused.
  2. That the FIR has been registered after coming to know of filing of the writ petitions with a malafide intention to use against the petitioners for their arrest, insult and humiliation. The same therefore, is tainted with malafide and has been registered without a lawful authority.
  3. That the case has been registered in order to ridicule, absurd and humiliate the petitioners. The FIR is tainted with malafide and without jurisdiction, which has been registered about an occurrence, where is no mentioning of time, date and place of occurrence.
  4. That the petitioner No.1 is aged 67 years. He is suffering from heart problem and high blood pressure. Petitioner No.2 is elected Naib Nazim of TMA Tehsil Pasroor, District Sialkot. The petitioner No.3 is a well known businessman and belongs to a respectable family. The FIR is not supported even by the alleged complaint as the said person had been mentioned by the local police under the influence of the local police so that the petitioner No.2 could be crushed for being a challenger in politician.
  5. That the titled case is result of political vendetta without there being any incriminating material and the story there being is absurd hence, the petitioner who are not named in the FIR cannot be subjected to arrest in violation of his Fundamental Right of human rights referred to above, therefore, the FIR is liable to be quashed.
  6. That the case wherein they have been involved is stereotype nature and on the face of it facts stated therein are absurd tainted with malafide and has been registered in order to humiliate and insult to the petitioners.
  7. That there is no other alternate, efficacious and speedy remedy available to the petitioners except to invoke the constitutional jurisdiction of this Honourable Court. No Appeal, Revision, Review or Representation exists under the law, this petition is being filed before this Honourable Court.

In view of the above, it is most respectfully prayed therefore, that by an appropriate writ or order, Impugned FIR No.387/2008 dated 22.09.2008 under Section 420/506 PPC and 25-D of Telegraph Act registered with Police Station Saddar Pasroor may kindly be declared to have been registered malafidely, without jurisdiction hence, may kindly be quashed.

It is further prayed that pending decision of the titled petition operation of the impugned FIR and subsequent proceedings on the basis thereof may kindly be suspended and Respondents may be restrained not to cause any harassment to the petitioners and their family members.

Any other appropriate relief, which this Honourable Court deems fit may also be awarded.

Petitioners

Through:

———-

Advocate Supreme Court

——

————–

Advocate Supreme Court

CC P-FD-10096

=======

Certificates:

 

  1. Remedy of Appeal, Revision, Review or Representation does not exist under the law relating to the present case.
  2. As per instructions, this is the second writ petition on the subject Writ Petition No.10882/2008 has been disposed of vide Order dated 04.09.2008 whereby the petitioners was granted protection so that to approach the Honourable Courts of competent jurisdiction for redressal of their grievances as provided under the law, hence this petition is being filed after getting a copy of the FIR by the Respondents.
  3. Office is requested to put up W.P. Ni.10882/2008; Writ Petitions No.11625/2008 to W.P. No.11629/2009 and Crl. Misc. No.637-W/2008 alongwith this petition.

ADVOCATE

IN THE LAHORE HIGH COURT, LAHORE.

W.P. No._______/20—–

——- and others.

… Petitioners

Versus

S.H.O. Saddar Pasroor etc.

… Respondents

 

AFFIDAVIT of —– son of Chaudhry Abdul —– resident of ———-, District Sialkot.

I,       the above named deponent do hereby solemnly affirm and declare as under:

  1. That the petitioners have filed the accompanying Writ Petition before this Honourable Court today.
  2. That the contents of the accompanying application are true to the best of my knowledge and belief and nothing has been concealed or suppressed.

DEPONENT

Verification

Verified on Oath at Lahore this 26th day of September, 2008 that the contents of my above affidavit are true to the best of my knowledge and belief.

DEPONENT

IN THE LAHORE HIGH COURT, LAHORE.

C.M. No.______/2008

in

W.P. No.______/2008

——- and others.

… Petitioners

Versus

S.H.O. Saddar Pasroor etc.

… Respondents

AFFIDAVIT of —– son of Chaudhry Abdul ——resident of ———-.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the accompanied Application for grant of interim relief are true and correct to the best of my knowledge and belief.

DEPONENT

Verification

Verified on oath at Lahore this 26th day of September, 2008 that the contents of my above affidavit are true to the best of my knowledge and belief.

DEPONENT

IN THE LAHORE HIGH COURT, LAHORE.

C.M. No.______/20—-

in

W.P. No._______/——

——- and others.

… Petitioners

Versus

S.H.O. Saddar Pasroor etc.

… Respondents

 

APPLICATION    UNDER SECTION 151 C.P.C. READ WITH SECTION 498 Cr.P.C. FOR GRANT OF AD-INTERIM PRE-ARREST BAIL.

 

Respectfully Sheweth:

  1. That the petitioners have filed the titled writ petition before this Honourable Court today.
  2. That as per averments made in the titled writ petition, which may be read as integral part of this petition, the petitioners have a strong prima facie case in their favour and have excellent chance of success.
  3. That it would be in the interest of justice that till disposal of the titled writ petition, operation of the impugned FIR and subsequent proceedings on the basis thereof are suspended and Respondents are restrained not to cause any harassment to the petitioners and their family members and the petitioners are admitted to ad-interim pre-arrest bail.

In view of the above, it is most respectfully prayed therefore, that pending decision of the titled writ petition, operation of the impugned FIR and subsequent proceedings on the basis thereof may kindly be suspended and Respondents may be restrained not to cause any harassment to the petitioners and their family members and the petitioners may be admitted to ad-interim pre-arrest bail.

Petitioners

Through:

——-

Advocate Supreme Court

——-

IN THE LAHORE HIGH COURT, LAHORE.

W.P. No._______/20—–

——- and others.

… Petitioners

Versus

S.H.O. Saddar Pasroor etc.

… Respondents

I N D E X

Sr No.  Description of documents              Dated                Pages

  1. Stamp Paper
  2. Writ Petition 09.2008        1     12
  3. Affidavit of writ 09.2008        13
  4. Annex-A FIR No.387/08 09.2008        14
  5. Annex-B FIR No.321/08 08.2008        15    16
  6. Annex-B/1 FIR No.359/08 09.2008        17    18
  7. Annex-B/2 FIR No.313/08 08.2008        19    20
  8. Annex-B/3 FIR No.355/08 09.2008        21    23
  9. Annex-B/4 FIR No.315/2008 08.2008        24
  10. CM for Dispensation & Affidavit 09.2008        25    27
  11. Application for interim relief & Affidavit 09.2008     28      30
  12. Power of Attorney

____________________________________________________________

 

Petitioners

Through:

——-

Advocate Supreme Court

——

 

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