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.
Petitioner
VERSUS
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, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 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, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 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