Ibrar Yazdani

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No._____________/2001 Syed Ibrar Yazdani S/o Syed Abdul Ghafoor, caste Syed, R/o Chak No. 84/JB, Tehsil & District Faisalabad. Petitioners VERSUS 1. S.S.P. Vehari. 2. S.H.O. Police Station Gaggo, District Vehari. 3. Shaukat Ali, A.S.I. P.S. Gaggo, District Vehari. 4. Muhammad Arshad Sabir, S/o Shah Din, caste Arain, R/o Chak No. 255/E-B, Tehsil Burewala, District Vehari. Respondents Amended Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.

Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations. 1-A) That the respondent No. 4 was arrayed as respondent vide order dated 16.2.2001 of this Hon’ble High Court. 2. That the petitioner is a businessman and land-owner, having business and lands at Sahiwal, Faisalabad and Dadu (Sind). The petitioner purchased a bus No. 560/LHJ in consideration of Rs. 700,000/- from Gulzar Ahmad & Sheikh Muhammad Arshad C/o Iqbal Motors General Bus Stand, Sargodha.

Rs. 300,000/-

were paid in the presence of witnesses and remaining amount was settled to be paid in the shape of monthly installments. The vehicle was handed over to petitioner and same was plying on the

route from Shikarpur to Dadu via Larkana. Copy of Memorandum in this regard is Annexure “A”. 3. That on 3.9.2000, the respondent No. 3 along-with three other police officials and one civilian namely Arshad Sabir apprehended the said bus and taken into possession in some case registered at Police Station Gaggo. On the resistance of driver and conductor, both were also arrested by the police. 4. That the petitioner was informed by one Badar Din about this occurrence. The petitioner on 10.9.2000, visited the police station Gaggo along-with some respectables namely Habib Ullah, Ch. Muhammad Younis, Choudhary Amin Ullah and others. Respondent No. 3 demanded Rs. 10,000/- for the release of driver and conductor. This amount of bribe was paid in the presence of above-named respectables, on which driver and conductor were released and for the release of bus the petitioner was directed to come after a couple of week. 5. That the petitioner visited police station Gaggo more than three times within next month but the respondent No. 3 remained reluctant. On the last visit on 28.10.2000, even the bus was not present in compound of police station. The petitioner submitted an application to respondent No. 2 in this respect. The respondent No. 2 assured the petitioner, that, if the matter be settled with respondent No. 3, the said bus shall be returned. Copy of application is Annexure “B”. 6. That the petitioner kept in waiting for a fortnight more and then demanded Rs. 50,000/- by respondents No. 2 & 3 as a bribe for the release of bus. On the refusal of petitioner, both the respondent No. 2 & 3 got infuriated and abused the petitioner and threatened to face the consequences of refusal. The petitioner tried his level’s best but could not succeed to get the bus. On 2.1.2001, the petitioner appeared before the respondent No. 1 with an application, who assured the petitioner to take just steps for the recovery of bus, but since then the petitioner became shuttle-cock between all the respondents without any progress. Copy of application is appended as Annexure “C”.

7. That the respondents have no authority to keep the possession of the said bus with them without any legal justification. On the other hand, if said bus is required in any proceedings/case, the petitioner must be intimated about it, but respondents are not even ready to inform the whereabouts of said vehicle. 8. That the petitioner is left with no other alternate, adequate, efficacious as well as speedy remedy except to invoke the constitutional jurisdiction of this Hon’ble Court for the redressal of his grievance; hence, this petition. Keeping in view the above-mentioned facts, it is respectfully prayed that the respondents may please be directed to restore the possession of bus No. 560/LHJ to petitioner

forthwith

if

not

required

in

any

proceedings/case, and if required by respondents by any way, the petitioner be furnished with full particulars/ information. Any other relief in the shape of order, direction or writ which this Hon’ble Court deems fit, may please be issued in the interest of justice. Humble Petitioner, Dated: 30.1.2001 .2.2001 Through: Masood Arif Butt, Advocate High Court, 129-District Courts, Multan. CERTIFICATE: Certified as per instructions of the client, that this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. ______________/2001

Syed Ibrar YazdaniVs.

S.S.P. Vehari etc.

AFFIDAVIT of: Syed Ibrar Yazdani S/o Syed Abdul Ghafoor, caste Syed, R/o Chak No. 84/JB, Tehsil & District Faisalabad.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of January 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Syed Ibrar YazdaniVs.

S.S.P. Vehari etc.

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. =========================================

Respectfully Sheweth:That certified copies of Annexures “A & B” are not available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANT, Dated: __________ (Syed Ibrar Yazdani)

Through: Masood Arif Butt, Advocate High Court, 129-District Courts, Multan. IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Syed Ibrar YazdaniVs.

S.S.P. Vehari etc.

DISPENSATION APPLICATION.

AFFIDAVIT of: Syed Ibrar Yazdani S/o Syed Abdul Ghafoor, caste Syed, R/o Chak No. 84/JB, Tehsil & District Faisalabad.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of January 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No.____________/2001 Syed Ibrar YazdaniVs.

S.S.P. Vehari etc.

INDEX S. No. NAME OF DOCUMENTS

ANNEXES PAGES

1

Urgent Form

2

Stamp Paper worth Rs. 500/-

3

Writ Petition.

4

Affidavit

5

Copy of Memorandum.

A

6

Copy of application.

B

7

Copy of application.

C

8

Dispensation Application.

9

Affidavit.

10

Vakalatnama PETITIONER

Dated: ____________

Through: Masood Arif Butt, Advocate High Court, 129-District Courts, Multan.