IN THE HIGH COURT OF SINDH AT KARACHI
CPD NO.3635/2019
1. Muhammad Adnan,
S/o Abu Bakar Mukati, Muslim, Adult,
2. Aamir Mukati,
S/O Abu Bakar Mukati, Muslim, Adult,
R/o Flat No. 508-A, Hassan Square, Rufi Heaven,
Block 13-D-111, Karachi East----------------------------------Petitioners
VERSUS
1. Tariq Hussain Arbab,
Enquiry Officer/ DO F.I.A.,
F.I.A. Cyber Crime Circle (NR3C), Karachi.
R.A Building, 1st Floor, Near Dar-ul-Sehat Hospital, Jouhar Chorangi, Karachi,
2. Khalid Kharal, S.I.O. P.S. Awami Colony, Korangi, District East, Karachi,
3 M/s Riviera Sports Wear (Pvt) Ltd., Plot No. A, B & C
Sector 27, Korangi Industrial Area, Karachi---------------Respondents
CONSTITUITIONAL PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN
That the Petitioners abovenamed most respectfully beg to submit as under:-
1. That the Petitioners are law abiding, young and energetic businessmen who are reputed as honest and hard working professionals among their colleagues as well as business community, and are renowned for fulfillment of their commitments. They are respectable and productive members of society and are permanent residents of Karachi.
2. That the Petitioner No.1 worked as Graphics Artist/ Designer for Respondent No. 3, from 14-06-2010 to 25-02-2019, and during this duration, he performed entirely to the satisfaction of his employers. However, no appointment letter is ever given to him although it is serious violation of law.
3. That Petitioner No. 2 applied for job with same employer, i.e., Respondent No. 3, and selected for his job as admin so he too worked for Respondent No. 3 from 13th September 2017 to 12th January, 2019. He is also not given any appointment letter as per norms of Respondent No. 3.
4. That Petitioner No. 2 resigned from his job on 12th January, 2019 due to unfavorable environment and non-satisfying work conditions which is normal and right of every employee to leave on account of non-satisfaction.
Photocopy of Resignation Letter of Petitioner No. 2 is attached herein with and Marked as Annexure “P”.
5. That after resignation of Petitioner No. 2, work conditions suddenly became unfavorable and non-satisfying for Petitioner No. 1 too, who ultimately resigned on 25-02-2019 on account of same unpleasant and non-satisfying work conditions.
Photocopy of Resignation Letter of Petitioner No. 1 is attached herein with and Marked as Annexure “P1”.
6. That when Petitioner No. 1 contacted Respondent No. 3 after his resignation, to get his dues etc. he was very harshly treated and practically thrown out of Respondent No. 3’s office.
7. That in parking lot of Respondent No. 3, management of Respondent No. 3 not only seriously tortured and hurt Petitioner No.1, but threatened him of dare consequences, when he was leaving the premises of Respondent No. 3, after being insultingly treated in office for demanding his dues from Respondent No.3.
8. That the Petitioners with the help of their family and friends started running their own office in P.E.C.H.S. for earning bread and butter of their families. In the mean while, Petitioner No.1 after consulting his legal counsel/ lawyer decided to take legal action against his employer and so as first step he sent grievance notice to Respondent No. 3 on 30-04-2019.
Photocopy of Grievance Notice dated 30-04-2019 is attached herein with and marked as Annexure “P2”.
9. That getting wind of that above mentioned legal notice, Respondent No.3 registered F.I.R. No. 154/2019, against Petitioner No. 1, & 2 U/s 451/ 452/ 506/ 504/ 537 A(i) on 29-03-2019, in which mentioned date of incidence was 25-02-2019, which was the date on which Petitioner No. 1 resigned from his job. Petitioners were never informed about registration of this F.I.R.
Photocopy of F.I.R. No. 154/2019, Registered at 29-03-2019 is attached herein with and marked as Annexure “P3”.
10. That on 30-04-2019, Petitioner No. 1 was arrested from his office around 1:30 pm on account of above mentioned F.I.R. without any prior notice/ information/ alert.
Photocopy of Memo of Arrest dated 30-04-2019, is attached herein with and marked as Annexure “P4”.
11. That the Petitioner No. 1 was released on bail later on by Honorable Court, while Petitioner No. 2 also got Bail Before Arrest No. 1362/ 2019 from office of Honorable IX ADJ East at Karachi in lieu of 50,000/- Rupees, as he was also nominated in above mentioned F.I.R.
12. That in the mean while, Respondent No. 1 raided office of Petitioners and confiscated all their equipments and business related things including computers, laptops and hard disks etc. from their office and hand delivered a Letter No. FIA/ NR3C/ ENQ-219/ 2019 dated 29-04-2019, U/s 174 PPC, for Inquiry No. 219/2019, in which Petitioner No. 2 was called on 02-05-2019 for recording his statement regarding some inquiry.
Photocopy of Letter No. FIA/ NR3C/ ENQ-219/ 2019, dated 29-04-2019, is attached herein with and marked as Annexure “P4”.
13. That Petitioner as responsible and law abiding citizen went to Respondent No. 1’s office on 29-04-2019, and recorded his statement despite clear and visible biasness of Respondent No. 1 against Petitioners due to reason not known to the Petitioners.
14. That since 29th April, 2019, Respondents No. 1 & 2 are unlawfully and unjustly threatening and pressurizing Petitioners and torturing and humiliating them by use of abuses and filthy language and putting forth unjust and unlawful demands including revelation of all secrets of their business including their password and other personal sensitive business details to Respondent No. 3, forcing, pressurizing and threatening Petitioners to seek written apology from Respondent No. 3 and close their business altogether after submitting written under taking to Respondent No. 3 about keeping their business completely shut for at least one year.
15. That all these above mentioned demands are unjust and illegal and violation of Human Rights of Petitioners who have right to do their business freely and keep their personal business secrets to themselves. Respondent No. 3 is also threatening them of dare consequences since their resignation from its office and now-a-days, language and gestures used by Respondent No. 3 are particularly nasty and unbearable for Petitioners. In case of not complying these illegal demands, the Respondents are threatening Petitioners of dare consequences including launching new investigations/ inquiries and registration of further false and fake cases against Petitioners.
16. That under these circumstances, the Petitioners have no adequate remedy available except to knock door of this Honorable Court for seeking proper protection for them, their rights, their family and business.
17. That in above mentioned circumstances the ultimate, most proper and neutral place to solve this dispute is this Honorable Court as decision of Honorable Court will have to be accepted by all parties. The Honorable Court’s jurisdiction is ultimate and final and all parties are bound to accept Honorable Court’s decision and no one can run away from Honorable Court’s decision and helpless to invoke any other forum after its decision. Hence the Petitioner filed this Petition.
18. That the Petitioner has no other alternate, effectuate and adequate remedy except to invoke the extra ordinary constitutional jurisdiction of this Honorable Court.
19. That the abovenamed Petitioner has not concealed or suppressed any facts before this Honorable Court.
Prayer
It is therefore, prayed by the Petitioners that this Honorable Court may graciously please:-
a) To direct Respondents No. 1, 2 & 3 to refrain from harassing and threatening Petitioners.
b) To direct Respondents No. 1 & 2 to immediately refrain from putting forth their illegal actions and unfair demands before Petitioners and may please take appropriate legal action against Respondent No.3 for his illegal and unfair actions and for manipulating/ managing Respondents No. 1 & 2 to do injustice/ illegal actions/ unfair treatment to Petitioners.
c) To direct Respondents No. 1 & 2 to provide copies of all allegations/ charges/ investigation against Petitioners along with all proofs to the petitioners so that they can defend themselves properly in future at any or all legal forums.
d) To direct Respondents No. 1 & 2 to refrain from arresting the Petitioners as well as registering further cases against them which Respondents No. 1 & 2 are threatening/ boasting/ uttering since day one to Petitioners.
e) To direct Respondent No. 1 to return all office equipment and precious articles back to petitioners in original state, intact and in workable condition without damaging/ destroying/ tempering these precious things in any way.
f) Any other relief which this Honorable Court may deem fit and proper.
Karachi:
Dated: 24-05-2019
C.N.I.C. No. of Petitioner No. 1: 42201-9693633-3
Mobile: 0321-3846509
C.N.I.C. No. of Petitioner No. 2: 42201-0676501-5
ADVOCATE FOR PETITIONER
For Immediate Use
On behalf of the Petitioner
IN THE HIGH COURT OF SINDH AT KARACHI
CPD NO.------------/2019
Muhammad Adnan & Others----------------------------------Petitioners
VERSUS
Tariq Hussain Arbab, & Others ------------------------------Respondents
AFFIDAVIT IN SUPPORT OF MAIN PETITION
I, Muhammad Adnan S/o Abu Bakar, Muslim, Adult, R/o Karachi, do hereby state on Oath as under:-
1. That I am the petitioner in the above matter and as such I am fully conversant with the facts of the case.
2. That the main petition has been submitted, drafted & filed according to my instructions. All the facts stated therein are true and for the sake of brevity the contents whereof may please be taken into consideration as part and parcel of this affidavit.
3. That due to the reasons stated hereinabove as well as in the main petition, it is submitted that I have no any other remedy except to file the above petition, hence the main petition has been filed.
4. That neither I have not made any false statement nor has concealed any fact from this Honorable Court.
1. That whatever is stated above is true and correct to the best of my knowledge and belief.
Karachi
Dated: 24-05-2019 Deponent
Advocate
COMMISSIONER FOR TAKING AFFIDAVIT
IN THE HIGH COURT OF SINDH AT KARACHI
CPD NO.------------/2019
Muhammad Adnan & Others----------------------------------Petitioners
VERSUS
Tariq Hussain Arbab & Others-------------------------------Respondents
AFFIDAVIT IN SUPPORT OF MAIN PETITION
I, Aamir Mukatay S/o Abu Bakar, Muslim, Adult, R/o Karachi, do hereby state on Oath as under:-
1. That I am the petitioner in the above matter and as such I am fully conversant with the facts of the case.
2. That the main petition has been submitted, drafted & filed according to my instructions. All the facts stated therein are true and for the sake of brevity the contents whereof may please be taken into consideration as part and parcel of this affidavit.
3. That due to the reasons stated hereinabove as well as in the main petition, it is submitted that I have no any other remedy except to file the above petition, hence the main petition has been filed.
4. That neither I have not made any false statement nor has concealed any fact from this Honorable Court.
2. That whatever is stated above is true and correct to the best of my knowledge and belief.
Karachi
Dated: 24-05-2019 Deponent
Advocate
COMMISSIONER FOR TAKING AFFIDAVIT
IN THE HIGH COURT OF SINDH AT KARACHI
CPD NO.------------/2019
Muhammad Adnan & Others----------------------------------Petitioners
VERSUS
Tariq Hussain Arbab & Others-------------------------------Respondents
APPLICATION UNDER RULE IX CHAPTER-III-A, VOLUME 5, SINDH CHIEF COURT RULES.
It is prayed on behalf of the Petitioners that this Honorable Court may please treat the above mentioned Petition/matter as urgent one and place the same for hearing on _______________ in Chamber or this Honorable Court, as the Petitioners’ fundamental rights could be violated by Respondents without any legal justification.
Prayer is made in the interest of justice.
Karachi:
Dated: 24-05-2019
Advocate for the Petitioners
IN THE HIGH COURT OF SINDH AT KARACHI
CPD NO.------------/2019
Muhammad Adnan & Others----------------------------------Petitioners
VERSUS
Tariq Hussain Arbab & Others-------------------------------Respondents
AFFIDAVIT
I, Muhammad Adnan Mukati S/o Abu Bakar, Muslim, adult, resident of Karachi, do hereby state on oath as under:-
1. That I am the petitioner in the above petition, as well as deponent of this affidavit, and I am fully conversant with the facts of the petition.
2. That accompanying Urgent Application has been drafted and filed under my instructions and the contents of the same has been read over and explained to me and the same may kindly be treated as part and parcel of this affidavit for the sake of brevity.
3. That until and unless the accompanying petition is allowed, I shall be seriously prejudiced and suffer irreparable loss.
Whatever is stated above is true and correct to the best of my knowledge and belief.
Karachi
Dated: 24-05-2019 Deponent
Advocate Commissioner for taking affidavits
IN THE HIGH COURT OF SINDH AT KARACHI
CPD NO.------------/2019
Muhammad Adnan & Others----------------------------------Petitioners
VERSUS
Tariq Hussain Arbab & Others-------------------------------Respondents
APPLICATION FOR EXEMPTION FROM FILING OF PHOTOSTATE /TRANSLATE / CERTIFIED COPIES
For the reasons disclosed in the accompanying affidavit, it is respectfully prayed on behalf of the petitioners above named that this Honorable Court may please exempt the petitioners from filing the certified copies of all the Annexure as the certified copies of the same may not be readily available with the petitioners due to the urgency of the matter, and as such same could not be filed.
It is prayed in the prime interest of justice.
Karachi:
Dated: 24-05-2019
Advocate for Petitioners
IN THE HIGH COURT OF SINDH AT KARACHI
CPD NO.------------/2019
Muhammad Adnan & Others----------------------------------Petitioners
VERSUS
Tariq Hussain Arbab & Others-------------------------------Respondents
AFFIDAVIT
I, Muhammad Adnan S/o Abu Bakar, Muslim, adult, resident of Karachi, do hereby state on oath as under:-
1. That I am the petitioner in the above petition, as well as deponent of this affidavit, and I am fully conversant with the facts of the petition.
2. That accompanying Exemption Application has been drafted and filed under my instructions and the contents of the same has been read over and explained to me and the same may kindly be treated as part and parcel of this affidavit for the sake of brevity.
3. That until and unless the accompanying petition is allowed, the petitioner shall be seriously prejudiced and suffer irreparable loss.
Whatever is stated above is true and correct to the best of my knowledge and belief.
Karachi:
Dated: 24-05-2019 Deponent
Advocate
Commissioner for taking Affidavit
IN THE HIGH COURT OF SINDH AT KARACHI
CPD NO.------------/2019
Muhammad Adnan & Others----------------------------------Petitioners
VERSUS
Tariq Hussain Arbab & Others-------------------------------Respondents
INDEX
|
S.No |
Particulars |
Annexure |
Page No. |
|
1 |
Memo of Petition along with Affidavit |
|
1-21 |
|
2 |
Photocopy of Resignation Letter Petitioner No.2 |
“P” |
23 |
|
3 |
Photocopy of Resignation Letter Petitioner No.1 |
“P1” |
25 |
|
4 |
Photocopy of Grievance Notice Dated 30-04-2019 |
“P2” |
27 to 51 |
|
5 |
Photocopy Copy of F.I.R. No 154 /2019 dated, 29-03-2019 |
“P3” |
“53” |
|
6 |
Photocopy of Memo of Arrest Dated.30-04-2019 |
“P4” |
“55” |
|
7 |
Photocopy of letter No. FIA/NR3C/ENQ-219/2019 dated 29-04-2019 |
“P5” |
“57” |
|
8 |
Application for Exemption Certified Copy, Along with affidavit |
|
“59” to “61” |
|
9 |
Application U/O IX Chapter III-A Volume 5 Sindh Chief Court Rules along with affidavit |
|
“63” to “65’ |
|
6 |
Vakalatnama |
|
“67” |
Karachi:
Dated: 24 -05-2019 Advocate for the Petitioner
V A K A L A T N A M A
IN THE HIGH COURT OF SINDH AT KARACHI
CPD No.------------ Of 2019
Muhammad Adnan & Others----------------------------------Petitioners
VERSUS
Tariq Hassan Arbab & Others---------------------------------Respondents
We, Muhammad Adnan and Aamir Mukati S/o Abu bakar, Muslim, adults, the above named Petitioners hereby appoint and constitute Mr. MUHAMMAD AMIR KHAN, to represent, appear and act for us on our behalf as our Advocate in the above matter.
We, authorize the said advocate, to compromise, withdraw and receive on our behalf all sums and amounts deposited in our account in the matter and /or refer the above matter to arbitration or to compromise or to withdraw the same.
We, undertake to appear in the above matter before the Court. Our counsel shall not be held responsible in case the matter is dismissed/ disposed off ex-party due to our absence / default.
We, also undertake to pay his full professional fees before the conclusion.
In case his full fee is not paid, the counsel can withdraw his Vakalatnama from the above matter.
Date: 24-05-2019
Signature (1)----------------------------------(2)-----------------------------
Muhammad Amir Khan,
Advocate.
IN THE HIGH COURT OF SINDH AT KARACHI
CPD No.3635 Of 2019
Muhammad Adnan & Others----------------------------------Petitioners
VERSUS
Tariq Hassan Arbab & Others---------------------------------Respondents
STATEMENT
It is respectfully submitted on behalf of petitioners that the petitioners are filing original /readable Copy of Attendance U/s 160 Cr.P.C. Dated 29-04-2019, letter no. FIA/NR3C/ENQ-219/2019, Annexure “P5” page No.57. as per Honorable Court’s direction . The petitioners could not submit the above mentioned document earlier; it is requested to this Honorable Court to please accept this document.
Prayer is made in the interest of justice.
Karachi:
Dated:28-05-2019
Advocate for the Petitioner
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