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IN THE HIGH COURT OF SINDH AT KARACHI.
C.P. NO # D- 2815 OF 2009
Human
Rights Commission
………….....…...….....................…Petitioner.
Versus
Federation
of Pakistan & Others
…………..…………..Respondents.
PARAWISE
COMEMNTS ON BHELAF OF
CCPO KARACHI (RESPONDENT NO # 05
Para-1-
The contents of para-1 need, no comments.
Para-2-
It is correct that on 26th Dec
2009 (8th Muharram) a blast of
cracker was happened in the jurisdiction of
Paposh Nagar on the procession of Azadar at
Paposh Nagar. It is submitted that no death
occurred in this incident, full security of
Police/Rangers was provided to this
procession. This fact is proved from the
injuries caused to three officials of
security force, along with other
persons/ladies/children. Case FIR No #
676/2009 U/S 324/34 PPC r/w 7 ATA.5
Explosive Act has been registered at PS
North Nazimabad. In this case the wanted
accused persons namely Muhammad Shokaib
Farooqi @ Imran @ Shakeel S/o Inayat Ali (JUNDH
ALLAH) were arrested on 08th
–Jan-2010. After due investigation the case
was challenged in ATC-III Karachi vide
Charge sheet No # 124/2010 dated 19th
–Feb-2010 which is still pending trial. Last
date of hearing was 19th
-July-2010.
Para-3-
On 9th Muharram (27th
–Dec-2009) one bomb blast took place at
Qazzafi Chowk. Orangi Town, in this incident
several persons were injured, some by bomb
blast and mostly of aerial firing, setting
of vehicles on fire by the procession’s
participants who became enraged after the
blast. The said procession was being
escorted by Police /Rangers and PQR and
consequently several persons were taken to
Hospital which included the Police Personnel
and PQR Men. Which proves that Police/PQR
Men and Rangers were with the procession
when this unfortunate incident occurred? A
Case vide FIR No # 02/2010 U/S ¾ Explosive
Act, 337-A PPC r/w 7 ATA has been arrested
at PS Orangi Town. In this case accused
Murad Shah @ Farhan Mata S/o Adam Shah (JUNDH
ALLAH) was arrested on 29th
–Jan-2010. After due investigation the case
was challenged in ATC-III Karachi vide
charge sheet No # 91/2010 dated 19th
–Feb-2010 which is still pending trail. Last
date of hearing was 19th July
2010.
Para- 4, 5 & 6 –
It is correct that on 28th
–Dec-2009 (10th Muharram) at
about 0810 hours the main procession was
taken out from Nishter Park. The mourners
offered Namaz-e-Zohrain and Asar at Tibet
Centre and after re-grouping staeted
proceeding on M.A Jinnah Road. At about 1617
hours when the head of the procession
reached at Light House. Lunda Bazar a blast
took place resulting 43 persons were expired
and 120 injured. List is enclosed. A case
FIR No # 1493/2009 U/S 302/324/427/34 PPC
r/w ¾ Explosive Act, 7 ATA was registered
at PS Preedy. In this case the wanted
accused persons namely Muhammad Shokaib
Farooqi @ Adil S.o Muhammad Mudasir
Farooqi (JUNDH
ALLAH) & Murtaza @ Imran @ Shakeel S/o
Inayat Ali (JUNDH ALLAH) were arrested on
28th –Jan-2010. After due investigation the
case was challenged in ATC-III Karachi vide
charge sheet No # 193/2010 dated 08th
–Mar-2010 which is still pending trial. Last
date of hearing was 19th –July-2010. After
the incident the mob become violent and
started damaging and burring vehicles and
shops. A list of cases and detail of
property burnt/ damaged is attached. All
possible arrangements were made for he said
Ashora process and police fore was deployed
at all points/places to protect the life and
property of the public, but unfortunately
bomb was exploded and every possible efforts
were made to save the life and properties of
public.
Para-7-
The list of damaged/burnt
shops/vehicle is enclosed for kind perusal
please. However the actual loss suffered by
the public shop-keepers/ businessmen cannot
be assessed by the Police
Department/answering respondent.
Para-8-
No comments.
Para-9-
Not concerned with the
answering respondent.
Para-11 & 12-
This para does not relate to
the answering respondent. However it is
learnt that Government of Sindh and City
District Government had paid compensation to
the aggrieved/victimized families, as
announced by them. It is also learnt that
Medical treatment is being provided to the
injured persons in different hospital on the
expenses of Hospital/Government and City
District Government has announced to bear
complete expenses on the medical treatment
of all the injured persons.
Para-13-
Not concerned with the Police
Department.
Para-14-
The Police have registered 36
cases in South Zone and 02 cases in West
Zone. Several accused persons have been
arrested and properties have been recovered.
The accused are being deal with according to
law.
Para-15-
It pertains to the City
District Government and is not related to
the answering respondent/Police Department.
Para-16-
The investigation of bomb
blast cases of 10th muharram was
entrusted to a special team under the
supervision of DIGP/East Zone, CCP Karachi
and all cases FIR No # 676/2009 of PS North
Nazimabad, FIR No # 02/2010 of PS Orangi
Town & FIR No. 1493/2010 of PS Preedy have
challenged and are pending trial before the
ATC-III Court Karachi. The investigation of
cases of looting and arson are conducted
under the supervision of SSP/AVCC,CCP
Karachi. The SSP/AVCC has furnished report
which is attached herwith.
Para-17-
No comments.
Para-18-
No comments.
PRAYER
It relates to the
Government of Sindh/City District Government
and not to the answering respondent. It is
however learnt that Government of Sindh has
already announced death and injury
compensation or those who lost their lives
and injured in the blast which had occurred
in the main procession of 10th
Muharram. The City District Government also
announced to bear all expenses on medical
treatment of all injured in all hospitals of
Karachi.
Submitted for
kind perusal please.
CAPITAL CITY POLICE
OFFICER
KARACHI
IN THE HIGH COURT OF SINDH AT KARACHI.
C.P. NO # D- 2815 OF 2009
Human
Rights Commission
Through Syed Iqbal Kazmi………….....…...….....................…Petitioner.
Versus
Government of
Pakistan & Others …………..…………..Respondents.
Statement
on behalf of Respondent No# 06 (DIGP
Investigation CCP Karachi)
It is respectfully submitted in the
Honourable Court that the points raised by
the petitioner in the subject C.P. pertains
to Operational Branch of CCP Karachi while
the answering respondent is posted as DIGP
Investigation, CCP Karachi and his job does
not relate to maintaining of law & order
which is the exclusive jurisdiction of Zonal
DIsGP. The incidents of bomb blasts,
appearing in the C.P. had occurred in the
territorial jurisdiction of South & West
Zone which come within the administrative
limit of DIGP South & West Zone CCP Karachi.
However, the incidents of arson & looting
occurred only in the jurisdiction of South
Zone after the blast in the procession of 10th
Muharram. The Capital City Police Karachi
had made elaborate security arrangements for
maintaining peace during the Muharram-ul-Harram
especially during 10th of
Muharram. The government of Sindh has
already announced death and injury
compensations for those who were killed and
injured in the blast which had occurred in
the main procession of 10th
Muharram. The investigation of the cases of
this bomb blast is being carried out by a
special team under the supervision of DIGP
East Zone, CCP. However, investigation of
the case of looting & arson is being
conducted under the supervision of SSP AVCC,
CCP Karachi. In all the regard a number of
accused persons have been arrested. Since
the investigation in all the cases is being
carried out, commenting on the progress of
such cases will be premature. However, the
answering respondent is not linked with the
security concerns which have been pointed
out by the petitioner. Since no role has to
play by the answering respondent, the
Honorable Court may be pleased to delete his
name from the list of respondents.
Report is submitted for
kind perusal of the Honorable Court.
Ghual Qadir Thebo
PPM,PSP
Deputy Inspector General of Police
Investigation,CCP,Karachi.
Respondent No: 06
IN THE HIGH COURT OF SINDH AT KARACHI.
Cr. Misc. Appln. No # 268 of 2008.
Syed Muhammad Iqbal Kazmi
……………………………Applicant.
Versus
CDGK & ors
.................................…………………..Respondents.
COUNTER AFFIDAVIT ON BEHALF OF
RESPONDENTS,CDGK
I, Muhammad Ahtesham Uddin S/o Muhammad
Faseeh Uddin. Muslim, adult, Resident of
Karachi do hereby state on solemn
affirmation as under.
1-
That I am working as Chief Fire Officer,
with the respondents. CDGK and as such I am
fully aware with the facts of the case.
2-
That I have gone through the contents of the
petition as well as the affairs and having
under to the same and I submit my robs
thereto as under.
3-
That I am advised by my counsel which advise
I verb believe to be true that the petition
is not maintainable under the law as the
petitioner not filed any department appeal
before the competent authority to the
departmental remedy was available to him,
therefore, as this move the petitioner
cannot be considered and liable to be
dismissed.
4-
That the contents of Paras 1 to 6 of the
petition do not concerned the answering
respondent hence no comments.
5-
That the contents of Para 7 of the petition
are admitted to that the heavy lodge
occurred due to huge fire and the matter
concerned with the answering
respondent.
6-
That the contents of Paras 8 to 10 of the
petition do not concerned with the answering
respondent hence no comments.
7-
As regard the contents of Para 12 of the
petition is summit are not correct as the
CDGK has prepared Contingency plan of the
Department, CDGK has prepared Contingency
plan of the Department, CDGK for Muharram-ul-Haram
from 19th December 2009 to 28th
December-2009 (1st to 10th
Muharram-1430 Hijri). (Cops Contingency plan
is enclosed herewith as annexure” A”) and
also fire fighting violence were deputed as
stand bye position at M.A Jinnah Road but
due to violence were the angry mob did not
allow the Fire Fighting Venice is reach at
the scene of incident, the CDGK has
requested to all Police Statement to provide
the police force, (cops of the letters are
enclosed here will as annexure “A-1 & A-2”),
but the request was regretted and the any
prod beaten the Fire staff and the Fire
Vehicles also damaged and the CDGK also
prepared photographs, which is produced here
with as annexure A-12” with aB resource of
fire Brigade Department of this Fighting was
done and it is responsibility of Respondents
No # 1 to 6 to control the law & order
situation’s.
8-
That the controls of paras 13 to 18 of the
petition do not concerned with the answering
respondent hence no comments.
PRAYERS:
As regard the paras of the prayers clauses
of the petitions, it is submitted that in
view of the above submission, reasons and
facts of the case, petitioner is not
entitled for any relief as prayed in prayer
clauses and the petition is liable to be
dismissed.
Whatever stated above is true and
correct to best of my knowledge and belief.
KARACHI
DATED: 28TH –Jan-2010
DEPONENT
The deponents, above named, is identified by
me.
ADVOCATE
Solemnly
affirmation before me at Karachi this 15th
day of 2010 by the deponent, above named,
who is identified to me by Mr. Manzoor
Ahmed, Advocate for CDGK, who is personally
known to me.
COMMISSIONER
FOR TAKING AFFIDAVIT |