12 October 2004	Tuesday	26 Shaban 1425

KARACHI, Oct 11: A division bench of the High Court of Sindh (SHC) comprising Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery on Monday reserved order on a constitutional petition filed by a man arrested after the FIR against him was quashed and he was released on bail.

Zafar-ul-Haq moved the petition against Mohammad Amin, publisher of the Yellow Pages Directory, and a police officer.

The petitioner maintained that he and some other persons were employed by respondent Mohammad Amin and worked with him in compilation and later printing and distribution of the Yellow Pages Directory, which contained names, addresses and other details about business and industrial concerns in Karachi.

The respondent failed in paying salaries to the staff, including the petitioner, after which the petitioner joined by other ex-employees brought out a similar directory at which, the respondent lodged an FIR against him.

A competent court of law quashed the FIR against the petitioner declaring it as falling in the "cancel class" after which the case against the petitioner was filed. Later on a verbal directive from the DIG of Karachi, a police officer arrested Zafar-ul-Haq and another man.

They were charged before the same court which had quashed the FIR against them. The petitioners/accused then sought bail and later filed the instant petition calling into question their arrest.

Advocate Mohammad Irfan appearing for the petitioner said that once an FIR had been quashed no investigation or action could be taken against the accused. The arrest of petitioner was illegal and excess of powers conferred on the police officer.

Additional Advocate General of Sindh Sarwar Khan, representing the state, maintained that cognizance was taken by the court of competent jurisdiction and no illegality was thus committed.

The bench asked the respondent Mohammad Amin to satisfy the court on point of law that when an FIR was cancelled how action could be taken under it unless the order of cancellation of FIR was re-called by the same court which ordered quashing or cancellation of FIR.

Mohammed Amin submitted a number of case laws after which, the bench reserved order in the petition. Release ordered: Justice Anwar Zaheer Jamali of the High Court of Sindh on Monday ordered the release of Ms Gulshan, who was sent to the Darul Aman in Hyderabad by a civil judge for protection. The woman was declared 'Kari' by a jirga held in the Union Council Mureed Khoso on May 1. - APP