IN THE COURT OF DISTRICT & SESSIONS
JUDGE
/JUSTICE OF PEACE- AT KARACHI (SOUTH)
(JURISDICTION UNDER SECTION 22-A Cr.PC)
Case No: /2023
Rizwan Ali Jatoi (Advocate) ------------------------
Applicant
Versus
SHO PS Preedy & Other-------------------------
Respondents
I N D E X
S.No Description of Documents Annex Pages
1. Memo of Application along
with its affidavit
2. Photocopy of legal notice A
3. Application of SHO PS Preedy B
4. Application of SSP Complaint C
Cell
5. Folder Of Case Laws
6. Vakalatnama
SHAHDAD KHAN CHANNA
Advocate For The Applicant
Karachi
Dated: 26th of September, 2023
IN THE COURT OF DISTRICT & SESSIONS
JUDGE
/JUSTICE OF PEACE- AT KARACHI (SOUTH)
(JURISDICTION UNDER SECTION 22-A Cr.PC)
Case No: /2023
Rizwan Ali Jatoi (Advocate)
S/o Akhtiar Ali Jatoi
Muslim Adult
Having CNIC No.
Address:Suite No.34-A, 3rd Floor,
Fareed Chambers, Abdullah Haroon Road,
Saddar Karachi. ----------------------------------------
Applicant
Versus
1. SHO Police Station Preedy
2. SSP (Complaint Cell-District South)
Respondents
Proposed Accused Persons:
1. Qazi Kabir (Managing Director SEF)
2. Naheed Abbasi (Deputy Director )
3. Nadeem Qureshi (Deputy Director )
Sections Invoked:
7 Anti-Terrorism Act
506-B Pakistan Penal Code
Police Station Preedy
Application Under Section 22-A & B
CrPC.
Facts of the Case:
The applicant respectfully submits as under:-
1. That, Applicant is a law-abiding citizen of Pakistan whose
all rights & privileges are guaranteed under the Constitution
of Pakistan 1973.
2. That the applicant had sent a legal notice to the Sindh
Education Foundation under the Freedom of Information Act,
2013, seeking information regarding their scholarship
program.
(Photocopy of legal notice is herewith attached as
Annex-
A)
3. That it has come to our attention that, despite their
scholarship program being announced and tests being
conducted, there are grave concerns that scholarships have
been offered not on merit but in exchange for monetary
considerations, an act that strikes at the very heart of
fairness and transparency.
4. That on 25th September, 2023 while the applicant was
commuting from the Honourable High Court of Sindh to
their office at Fareed Chamber, a deeply disturbing incident
occurred near the gate of the Pakistan Secretariat.
5. That this incident involved individuals associated with the
Sindh Education Foundation, including the Managing
Director, Mr. Kabir, Deputy Directors Ms. Naheed Abbasi and
Mr. Nadeem Qureshi, and approximately 8-9 other
individuals whose identities can be ascertained through
further investigation.
6. That these individuals brazenly approached the applicant
in two white double-cabin Rivo vehicles, all of them brazenly
brandishing deadly weapons with a complete disregard for
the law and public safety.
7. That during this confrontation, these individuals
menacingly raised their weapons and pointed them at the
applicant, a display of sheer audacity and intimidation that
sent shockwaves of terror through the bystanders.
8. That they did not stop at merely brandishing weapons;
they audaciously exclaimed, 'How dare you send us a legal
notice to obtain information? Are you from NAB or the Anti-
corruption department?' This chilling statement, coupled
with their menacing actions, left no room for doubt
regarding their intentions.
9. That furthermore, they issued a sinister warning that
reverberated through the atmosphere, saying, 'If the
applicant sends another legal notice or pursues this matter
or initiates any other legal action, we will kill the applicant.
This is the applicant's last warning.'
10. That it is of paramount importance to stress that
this incident not only endangered the life of the applicant
but also subjected the general public present at the scene
to severe harassment and traumatization.
11. That this act of intimidation, threat, and terrorizing
behavior on part of these individuals has spread a palpable
fear among the public, one that lingers as a chilling
reminder of the incident.
12. That this shocking incident, bearing all the
hallmarks of terrorism, warrants penal action under Section
506-B of the Pakistan Penal Code and Section 7 of the Anti-
Terrorism Act.
13. That we firmly believe that this matter goes beyond
ordinary criminality; it represents a grave breach of public
safety and the peace of our society.
14. That, therefore, we earnestly request that you take
immediate and decisive action for lodging an FIR against
the aforementioned accused individuals, including Mr. Kabir,
Ms. Naheed Abbasi, and Mr. Nadeem Qureshi, under the
provisions of Section 22-A & B of the Criminal Procedure
Code and invoke the Anti-Terrorism Act.
15. That we implore you to initiate the necessary legal
proceedings to bring these individuals to justice, to
safeguard the rule of law, and to demonstrate that such
acts of terror and intimidation will not be tolerated in our
society.
16. That applicant also informed the said incident on
police helpline i.e. 15.
17. That Applicant approached the Respondent No: 1
but no response was received. Hence, an Application was
handed over him for recording statement under section 154
Cr.PC. (Photocopy of application handedover to SHO
is herewith attached as Annex-B)
18. That Applicant approached also Respondent No: 2
but he was shown cold shoulder. Hence, an Application was
also sent to him vide TCS.
(Photocopy of application sent to SSP (Complaint Cell
South) is herewith attached as Annex-C)
G R O U N D S:
1. That, a public functionary i.e. SHO has failed to record
statement / information under 154 in the FIR register
as he was duty bound for this act as held in (2017 PLD
515 Karachi High Court).
2. That, the Office of Justice of Peace has been entrusted
with redressal of complaints pertaining to non-lodging
of FIRs and Justice of Peace cannot assume role of an
investigation agency as held in ( 2011 PCr.LJ
268Karachi High Court)
3. That, Honouarble Supreme Court of Pakistan(PLD 2007
SC 539) has held that lodging of FIR can neither be
denied by SHO nor by Justice of Peace and Justice of
Peace is not legally required to conduct verification
exercise.
4. That, the Police is duty bound to protect the life,
property, liberty, rights & privileges of applicant in
terms of Section 4 of the Sindh ( Repeal of the Police
Act , 1861 and Revival of Police Order, 2002 )
( Amendment ) Act 2019 .
5. That, the Police is duty bound to prevent the
commissioning of the offences in terms of Section 4 of the
Sindh ( Repeal of the Police Act , 1861 and Revival of
Police Order, 2002 ) ( Amendment ) Act 2019.
6. That, the honourable Sindh High Court in the landmark
judgement in case of MEHRAN HUSSAIN reported with
citation number (2019 P Cr. L J 281) has held that
“Application to Justice of Peace under ----Ss. 22-
A & 22-B--- for providing legal protection to the
petitioner and his family from the hands of
respondents:when someone came with a
complaint of insecurity and requested for
instruction to police to provide protection, same
should not be declined that it always be
hammered thereby instructing to police to
provide protection which otherwise was
undeniable duty and obligation of the police---
Negligence/failure on part of the police
authority, if resulting into a complaint of
insecurity, must be entertained by Exofficio
Justice of Peace within the meaning of S. 22-
A(6)(iii)”
7. That, Section 22-A. (3) (b) of Cr.PC: is reproduced for
reference in which the powers/responsibility of Justice
of Peace has been defined as under.
“Section 22-A. (3)(b) of Cr.PC: Powers of
Justices of the Peace: (3) A Justice of the Peace
for any local area shall have powers, within such
area, to call upon any member of the police
force on duty to aid him. b) in the prevention of
crime in general and, in particular, in the
prevention of a breach of the peace or a
disturbance of the public tranquility”.
8. That, Section 22-A(6)(iii) of Cr.PC is reproduced for
reference:
“ An Ex-Officio Justice of Peace may issue
appropriate directions to the police authorities
concerned on a complaint regarding neglect,
failure, or excess committed by a police
authority in relation to its functions and
duties”.
9. That, the negligence of Police in providing protection
to Applicants has resulted in severe injustice to the
Applicant and he is living the life of fear & insecurity
due to actions/omissions of the proposed accused
persons.
P R A Y E R:
It is therefore respectfully prayed on behalf of the above
named applicants that this Hon’ble Court may graciously be
pleased to allow the following submissions.
a) That this Honorable court may kindly be
pleased to direct the respondent no.1 to
record the statement of applicant U/S 154
of Cr.P.C in the interest of justice and equity.
b) That, the necessary directions may kindly
be issued to the respondents no.1 & 2 for
providing protection to the Applicant from
the hands of proposed accused persons.
c) That, the necessary directions may kindly
be issued also to the respondent no.1 & 2
for preventing the expected & likely crime
being/to be committed by proposed
accused persons.
d) That, the necessary directions may kindly
be issued also to the proposed accused
persons for preventing the breach of peace
and tranquility of the Applicant/his
family/his workplace at the hands of
proposed accused persons.
e) That, any other appropriate relief keeping
in view the facts & circumstances of the
case.
SHAHDAD KHAN CHANNA
Advocate For The Applicant
Karachi
Dated: 26th of September, 2023
