Niaz Ahmad

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No._____________/2002 Niaz Ahmad S/o Haji Allah Diwaya, caste Joyia, R/o Mnazoor Colony, Chowk Kumharan Wala, Multan. VERSUS

Petitioner

1. Senior Superintendent of Police, Multan. 2. Station House Officer, Police Station Jalil Abad, Multan. 3. Station House Officer, Police Station Muzaffarabad, Multan. Respondents 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. 2. That the petitioner has four brothers and three sisters. The petitioner was passing his life in joint family system, but due to some family disputes, the petitioner’s father separated all the brothers while all the sisters were married already. 3. That this separation was confirmed by the division of assests like agricultural land and residential property. Copy of mutation in favour of all the brothers is Annex “A”. 4. That the link among the brothers remained established till the life of the petitioner’s father, but as soon as he died, every brother became independent. Now there is a formal link among the brothers. Death Certificate of the petitioner’s father is Annex “B”.

5. That about six months ago, two persons namely Muhammad Ajmal and Muhammad Javid were detained illegally be Khizar Hayat A.S.I. of Police Station Qadir Pur Raan. A habeas petition No. 854/20001 was filed for the recovery of the aforementioned detenues. Sagheer Ahmad one of the brothers of the petitioner was also making efforts for the prosecution of habeas petition along-with the others. Copy of the petition, bailiff report and order dated 120.9.2001 are Annexes “C, D & E”. 6. That the police nursed grudge and involved Muhammad Ajmal, Muhammad Javid, Sagheer Ahmad, Lateef Ahmad, Javid Akhtar and Irfan in some false cases. The brother of petitioner Sagheer Ahmad was granted bail in both the cases. As soon as this fact came to the knowledge of the police, they tried to involve the petitioner’s brother and others in some untraceable cases. In one case, the Sagheer Ahmad was arrested, but during the identification parade, was not identified and was discharged from the case. Same like this, police station City Shujabad arrested Sagheer Ahmad in some case, but ultimately was discharged. 7. That just a fortnight ago, this Sagheer Ahamd went to his business as usual, but did not return to his home. He was thoroughly searched by the family members, but they could not find his whereabouts. On the other hand, the respondents No. 2 & 3 started raiding the houses of the petitioner and other brothers as the Sagheer Ahmad was wanted by them in some untraceable cases. The petitioner and his brothers assured respondents No. 2 & 3, as well as, respondent No. 1, that the whereabouts of the Sagheer Ahmad were neither in knowledge of the petitioner and his brothers nor Sagheer Ahmad visited them during last fortnight, but the respondents have given a deaf ear to the request of the petitioner and his brothers. 8. That the petitioner and other brothers have no link, touch or relation with Sagheer Ahmad. It is apprehended that the said Sagheer Ahmad either concealed himself due to the fear of arrest, involvement of false cases or he is arrested by the police.

However, whatever may be the situation, the police has no authority to conduct the raids at the residences of the petitioner and other brothers or to humiliate and harass all of them by using their techniques. It is the transgression of powers and high handedness on the part of the police. 9. That in these circumstances the petitioner and his brothers are left with no other adequate, efficacious, proper, speedy and alternate remedy except to invoke the extra-ordinary constitutional jurisdiction of this Hon’ble Court. Keeping in view the above-mentioned facts, it is respectfully prayed that the respondents may please be directed

not

to

create

unnecessary

and

illegal

humiliation and harassment by conducting the raids at the residences of the petitioner and his brothers and use their power within the four-corners of law. Any other writ, order, direction or relief which this Hon’ble court deems fit, may please be extended in the favour of petitioners to meet the ends of justice. HUMBLE PETITIONER, Dated: ___________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

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. ______________/2002 Niaz Ahmad

Vs.

S.S.P. etc.

AFFIDAVIT of: Niaz Ahmad S/o Haji Allah Diwaya, caste Joyia, R/o Mnazoor Colony, Chowk Kumharan Wala, Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned 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 2002 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. _____________/2002 In W.P. No.____________/2002 Niaz Ahmad

Vs.

S.S.P. etc.

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

Respectfully Sheweth: That certified copies of Annexures “

” 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: __________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2002 In W.P. No.____________/2002 Niaz Ahmad

Vs.

S.S.P. etc.

DISPENSATION APPLICATION. AFFIDAVIT of: Niaz Ahmad S/o Haji Allah Diwaya, caste Joyia, R/o Mnazoor Colony, Chowk Kumharan Wala, Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned 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 2002 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.____________/2002 Niaz Ahmad

Vs.

S.S.P. 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 mutation.

A

6

Copy of Death Certificate.

B

7

Copy of petition, bailiff report & order. C, D & E

8

Dispensation Application.

9

Affidavit.

10

Vakalatnama PETITIONER

Dated: ____________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176