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Islamabad: A three member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhary, Chief Justice of Pakistan and comprising other two members namely Hon’ble Mr. Justice Khilji Arif Hussain and Hon’ble Mr.Justice Tariq Parvez heard Constitution Petition No. 77 of 2010 and CMA Nos.42-43/2012 and HRC No. 13124-P and 40303 of 2011 (President, Baluchistan High Court Bar Association Vs. Federation of Pakistan and others) and CMA No.431/2012 in Constitution Petition No. 77 of 2010 (Gruesome and Sensational Murder of wife and daughter of Mir Bakhtiar Domki at Karachi on 30.01.2012).
Hadi Shakeel Ahmed, ASC appeared on behalf of petitioner, Maulvi Anwar-ul-Haq, Attorney General for Pakistan appeared on behalf of Federation of Pakistan, Mr. Amanullah Kanarani, Advocate General appeared on behalf of Government of Baluchistan while Mr. Abdul Fateh Malik, Advocate General Sindh, Mr. Mushtaq Ahmed Shah, Inspector General of Police Sindh, Mr. Niaz Ahmed Khosa, SSP, Mr. Arshad Kamal Kayane, SP and Mr. Anwar Subhani, Legal Consultant for IGP Sindh appeared on behalf of Government of Sindh while Ms. Naveeda Noor, AD (Legal) appeared for Intelligence Bureau (IB). The bench heard the case today i.e. 06.02.2012 and passed following order:-
“In pursuance of our earlier order dated 27.01.2012, learned Advocate General Baluchistan has submitted a daily situation report; he claims no privilege/confidentiality for the same. Learned Attorney General for Pakistan states that he could not procure reports from the MI and ISI regarding the situation prevailing in the Province of Baluchistan; however, he requests for some time to do the needful.
2. It may be noted that on 30.01.2012, an untoward/ unfortunate incident took place in the area of Clifton Block-9, Karachi, in which female family members of MPA-Mir Bukhtiar Domki along with Driver were killed. The said incident resulted in unrest in the whole Province of Baluchistan as the general masses/public observed stern strike in the Province and there was complete shutter down. There were hues and cries for the reasons that innocent female family members of Mir Bakhtiar Domki have been murdered.
3. In above view of the matter, instant proceedings have been initiated, keeping in view the situation prevailing in the Province of Baluchistan; therefore, notices were issued to the Inspector General of Police Sindh and the Advocate General Sindh to appear and explain the situation.
4. In response to notices, a report has been filed; perusal whereof indicates that so far no effective progress has been made by the Police to cause arrest of the culprits involved in the commission of the crime.
As it has been pointed out herein above that it is one of the most sensitive incident, having its own repercussions on the situation prevailing in the Province of Baluchistan, which is becoming worsen day-by-day. In our view, the Inspector General of Police Sindh should have taken all necessary steps in tracing the offenders and causing their arrest.
5. The Inspector General of Police Sindh, present in Court states that extensive efforts are being made by him and he is confident that he will succeed in arresting the culprits involved in the crime; however, he requests that he needs some time to do the needful.
Adjourned to 10.02.2012. The Advocate General Sindh and the Inspector General of Police Sindh are directed to appear in-person on the next date of hearing.”
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Shahid Hussain Kamboyo
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Supreme Court of Pakistan
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