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Official Citation: Const. P. 361/2025 (SHC)
Court / Jurisdiction: Sindh High Court
Parties: Const. P. 361/2025 (S.B.) Bhagiyal Khan chachar vs P.O Sindh & Others Sindh High Court, Bench at Sukkur
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as Const. P. 361/2025 (SHC). In this matter between Const. P. 361/2025 (S.B.) Bhagiyal Khan chachar and P.O Sindh & Others Sindh High Court, Bench at Sukkur, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Sindh High Court CASE NO: CITATION: PARTIES: ORDER DATE: BENCH: A.F.R: ------------------------------------------------------------ IN THE HIGH COURT OF SINDH BENCH AT SUKKUR Constitutional Petition No. S–361of 2025 (Bhagiyal Khan Chachar vs Province of Sindh and others) along with the connected C.P No. S- 151, 152, 153 of 2024, 56, 117, 238, 251, 283, 286, 291, 293, 316 and 336 of 2025, 02, 14, 16, 47 of 2026.
Date of hearing Order with the signature of Judge
Before:- Mr. Justice Ali Haider ‘Ada’.
Date of Hearing: 06.03.2026. Date of Decision: 19.03.2026.
M/s Farooque Ahmed Halepoto, Bakhshan Khan Mahar, Abdul Ahad Buriro, Shabbir Ali Bozdar, Ghulam Murtaza Korai, Anwer Hussain Lohar, Badaruddin Memon and Ghulam Ali Bozdar, , Advocates for the Petitioners. M/s Abdul Baqi Jan Kakar, Pervez Ali Siyal, Muhammad Hanif Kalhoro and Javed Miandad Chandio, Advocates representing the petitioners in C.P No.S -151,152 and 153 of 2024, C.P No. S-56 of 2025 and C.P No. S-16 of 2026 are called absent.
Syed Naveed Ahmed Shah, Deputy Attorney General. Syed Sardar Ali Shah Rizvi, Additional Prosecutor General. Mr. Agha Ather Hussain Pathan, Assistant Advocate General. Mr. Adnan Arshad Jatoi, Special Prosecutor, NAB, Sukkur Mr. Muhammad Bilal, Special Prosecutor, ANF.
(FIA) Mr. GianParkash, Assistant Director (Legal) FIA Sukkur along with Sadam Hussain Soomro on behalf of Additional Director F IA Crime Circle, Sukkur
Pakistan Railways KhawarKhursheed, DSP, Pakistan Railways Attaullah (Inspector Legal) Pakistan Railways Police Sukkur Narcotic Control, Sukkur Muhammad ShoaibChanna, Deputy Director, Narcotics Control, Sukkur Anti-Corruption, Sukkur Ikram Ali Mugheri, Deputy Director, ACE, Sukkur
Anti-Narcotic force Major Hafiz Sana -ur-Rehman, Assistant Deputy Commander, ANF, Sindh. Salman Shoukat, Assistant Director, ANF, Sukkur District Police KhairpurMirs SIP GhulamAsgharUjjan, on behalf of SSP, KhairpurMirs
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SIP Agha Abid Ali, SHO PS Khuhra SIP Abdul Majeed, SHO PS FaizGanj SIP Azhar Hussain Shah, Inspector GhulamAsghar, SHO PS MehboobKalhoro Asghar Ali, SHO PS Landhiyoon. SIP ShamsuddinSial, SHO PS K.B (i)(ii) Inspector Shah Nawaz Samtio, SHO PS Phuloo. District Police, Ghotki Inspector Abdul Waheed Bhutto, SHO PS MirpurMathelo on behalf of SSP, Ghotki and DSP MirpurMathelo SIP Abdul Fatah, SHO PS „A‟ Section, Ghotki. SIP Liaquat Ali Mahar, SHO PS KhanpurMahar SIP Ghulam Akbar of PS Daharki on behalf of SSP, Ghotki Inspector Muhammad AslamChachar, SHO PS Andal Sundrani
District Police, Sukkur Abdul Ghafoor Lakho, SP (Investigation) Sukkur on behalf of DIG Police Range, Sukkur Shafi Muhammad Khaskheli, DSP (Legal) on beha lf of SSP and DIGP, Sukkur Atta Muhammad Soomro, DSP (Legal) on behalf of SSP, Sukkur GhulamQadir Bhutto, SHO Police Station, Jhangro. Inspector Abu Bakar Gabol, SHO Police Station, Kandhra. Inspector Muhammad Ramzan. SIP Aijaz Ahmed, SHO PS Dadloi. District Police, NaushahroFeroze Inspector/SHO Aftab Ahmed Shar, SHO PS Abran on behalf of SSP, NaushahroFeroze. SIP Zulfiqar Ali Ujjan, SHO PS Kandiaro QamberGhanghro on behalf of SSP, NaushahroFeroze
District Police ShaheedBenazirabad (SBA) ASP Pehlwan Shaikh, PS Daur, District SBA.
ORDER
Ali Haider ‘Ada’ J; The above-captioned petitions mainly turn around a common and substantial question, that whether the police functionaries and other law enforcement agencies have duly fulfilled their legal obligations in accordance with the law. 2. In this regard, it has been consistently observed that, subsequent to the registration of the First Information Report (FIR), the nominated accused persons have not been apprehended by the concerned law enforcement organizations. This recurring omission reflects a failure on the part of the authorities to ensure compliance with the mandate of the
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law. Consequently, a common grievance has arisen in all the above - captioned petitions, wherein it has been asserted that despite the nomination of accused persons in the FIRs, no effective steps have been taken for their arrest. 3. In view of the above, the primary question for determination before this Court is whether the lack of prompt action on the part of the law enforcement agencies warrants the issuance of appropriate directions to ensure strict enforcement of the law and compliance with statutory duties. In this conte xt, this Court, having taken note of the matter, has issued notices to all concerned quarters vide orders dated 16.02.2026, 20.02.2026, and 27.02.2026. 4. In compliance with the directions of this Court, a statement has been filed on behalf of the National Accountability Bureau (NAB) by the Director, Investigation Wing, NAB Sukkur. The said statement is accompanied by the relevant policy framework as prescri bed under the Standard Operating Procedures (SOPs) of NAB, particularly with reference to Chapter-8 thereof, which governs the procedure relating to absconding and proclaimed offenders. The crux of the said policy reveals that, for the purpose of dealing with absconders and proclaimed offenders, a comprehensive mechanism has been prescribed. Such measures include, inter alia, issuance of summons to the accused persons, affixation of notices at noticeable places, and publication of notices in widely circulat ed newspapers. Furthermore, proceedings under Section 31 -A of the National Accountability Ordinance, 1999, read with Sections 87 and 88 of the Code of Criminal Procedure (Cr.P.C.), are to be initiated in accordance with law. Additionally, it has been state d that, with the assistance and coordination of other law enforcement agencies, further coercive and preventive steps are undertaken, including freezing of bank accounts, placement of the names of accused persons on the Exit Control List (ECL), and distribution of information through border security systems to prevent their escape or movement. The National Database and Registration Authority (NADRA) are also engaged for the purposes of verification and tracing of the absconders, including ascertaining their current status and whereabouts. Moreover, in cases where the absconders are
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believed to be residing abroad, additional measures are initiated to trace their location through relevant governmental secretariats and through method of mutual legal assistance, with due consideration of international cooperation frameworks. Assistance is also sought through the concerned embassies of the respective countries. In instances where extradition treaties exist with the country concerned, appropriate proceedings are in itiated to secure the return of such accused persons to face trial. Furthermore, recourse is made to Interpol for the issuance of Red Notices, and other necessary legal and procedural steps are undertaken to ensure the presence of the accused/absconders be fore the Court and to bring them within the ambit of the law. 5. Insofar as the Federal Investigation Agency (FIA) is concerned, a report has been submitted by the Additional Director, FIA Crime Circle, Sukkur. The salient features of the said report indic ate that a comprehensive mechanism is already in place for the arrest and apprehension of absconders. It has been stated that, upon registration of an FIR, the matter is processed under a distinct set of federal protocols. In this regard, reliance is placed upon systems such as the Integrated Border Management System (IBMS), which is utilized to monitor and restrict the movement of accused persons across borders. Furthermore, the names of such absconders are placed on the Exit Control List (ECL) as wel l as on the Provisional National Identification List (PNIL), thereby ensuring that their movement is effectively curtailed. The report further elucidates that the National Central Bureau (NCB) of Interpol is approached for initiating the process relating t o the issuance of Red Notices against proclaimed offenders, enabling international tracking and cooperation for their apprehension. Additionally, various forms of technical and inter -agency assistance are sought and employed to ensure the tracing, monitori ng, and eventual production of absconders before the competent Court of law. 6. Further, in compliance with the directions of this Court, a statement along with a detailed reply has been submitted on behalf of the Anti-Narcotics Force (ANF) by the Regional Director/Commander, representing the Director General, ANF. In the said reply, reliance has
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been placed upon the applicable Standard Operating Procedures (SOPs), which prescribe a structured mechanism for the apprehension of absconders. It has been stated that, in the first instance, all necessary measures are undertaken for the effective service and execution of warrants. For this purpose, coordination is established with the NADRA, local police authorities, and other relevant law enforcement agencies, as well as immigration authorities, to trace and verify the whereabouts of the accused persons. Subsequently, where the accused persons fail to appear, proceedings for proclamation are initiated in accordance with law. In cases where the absconders are belie ved to be residing abroad, the matter is referred to Interpol through the concerned Regional Directorate, along with all requisite documentation and supporting material, for appropriate action at the international level. Moreover, the Ministry of Narcotics Control/ Ministry of Interior are also engaged and kept in coordination to facilitate necessary steps for tracing and repatriation of such absconders. Ultimately, it has been asserted that all requisite legal and procedural measures are undertaken in orde r to secure the arrest of the absconding accused persons and to ensure their production before the competent Court of law. 7. Likewise, a statement has been submitted by the Director, Narcotics Control, Sukkur, wherein the mechanism adopted for the apprehension of absconders has been outlined. The primary stance taken therein is that close and continuous coordination is maintained with various law enforcement and intelligence agencies for the purpose of tracing and apprehending absconding accused persons. I t has been asserted that such inter -agency collaboration forms the keystone of effective enforcement and is consistently pursued to ensure that absconders are brought within the fold of law. 8. Similarly, the Pakistan Railways Police has submitted its position, stating that intensive efforts are undertaken for the arrest of proclaimed offenders and absconders. In this regard, reliance has been placed upon a Centralized Special Team constituted within the Railway Police, comprising designated officers tasked with tracing and apprehending such offenders. It has further been stated that the mechanism so
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adopted is in accordance with the procedures prescribed under the relevant law, and that continuous efforts are made to ensure compliance therewith. 9. Furthermore, the stance of the Anti -Corruption Establishment, Sukkur, has also been placed on record. It has been submitted that the prescribed legal procedure for the arrest of absconders is duly followed, which includes initiation of proclamation proceedings, is suance of court notices, and execution of warrants of arrest. It has further been stated that, in appropriate cases, additional coercive measures are adopted, including freezing of bank accounts, suspension or blockage of other entitlements, and placement of the names of accused persons on the Exit Control List (ECL), in accordance with law. 10. As regards the ordinary/local police, various reports and statements have been filed by the concerned officials. The primary stance taken therein is that, in addition to adherence to the procedure prescribed under the Police Rules, 1934, modern technological tools have also been introduced to enhance the effectiveness of operations. In this context, reliance has been placed upon the Eye Management System and th e Talash device, which are utilized for identification, tracking, and apprehension of accused persons. It has further been stated that, in terms of the applicable rules, proper record -keeping mechanisms are maintained, including the upkeep of relevant regi sters and the constitution of dedicated committees. Periodic, including monthly, reviews and sorting systems are also conducted with a view to ensuring the arrest of absconders and the effective implementation of the law. 11. Learned counsel for the petitioners, as well as the petitioners in person, have been heard at length. The principal contention advanced on their behalf is that, despite the registration of FIRs and, in many cases, specific nomination of the accused persons coupled with submission of challans before the competent Courts, the accused have not been apprehended. It has been vehemently argued that, in the majority of cases, the accused persons have neither obtained pre -arrest or post-arrest bail nor have they su rrendered before the Courts of law
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or the investigating agencies. On the contrary, they continue to roam freely, and are allegedly moving about without any restraint, thereby posing a serious threat to the complainant parties. It has further been asserted that such accused persons are actively intimidating the complainants, their family members, and witnesses, coercing them to enter into compromises under threats of dire consequences affecting life and liberty. Learned counsel /s have further contended that the non - arrest of absconders and proclaimed offenders has resulted in a disturbing trend, whereby criminal cases are being compromised not on account of genuine resolution of disputes, but due to fear, coercion, and intimidation exercised by such accused p ersons. This, according to them, undermines the very foundation of the criminal justice system. It has also been pointed out, with considerable concern, that many absconders, including those allegedly involved in heinous offences such as dacoity and murder , are actively using social media platforms; however, no effective steps are being taken by the law enforcement agencies to trace or apprehend them through the use of modern technological means. Learned counsel /s further submitted that, in certain instance s, multiple offences of a grave nature have been committed by the same accused persons, who continue to evade arrest solely on account of their status as absconders and fugitives from law. Attention of this Court has also been drawn to the fact that some o f the absconding accused persons are, in fact, government servants, yet no meaningful or effective departmental or legal action has been initiated against them by the concerned authorities. In view of the such circumstances, the petitioners have approached this Court by way of the instant petitions, contending that even the trial Courts have failed to take effective or strict measures to secure the attendance of the accused persons, and, in many cases, the matters have been kept in abeyance or consigned to dormant files without any substantial progress. 12. Syed Naveed Ahmed Shah, learned Deputy Attorney General has advanced arguments on behalf of the Federation, submitting that an effective and comprehensive mechanism has been developed within the Federal l aw enforcement framework, including agencies such as the National Accountability Bureau (NAB), Federal Investigation Agency
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(FIA), Anti-Narcotics Force (ANF), and the Pakistan Railways Police , amongst others. It has been contended that an integrated system, including the Integrated Border Management System (IBMS), has been put in place to monitor and regulate the movement of accused persons. Under this mechanism, relevant data of accused individuals is shared and coordinated with immigration authoriti es, enabling real-time alerts at all airports, seaports, and land border entry and exit points. Furthermore, it has been submitted that biometric verification systems, linked with the NADRA, are actively utilized to identify and trace absconders. In additi on, mechanisms such as the Provisional National Identification List (PNIL) and the Exit Control List are maintained and enforced to restrict the mobility of accused persons and prevent their escape from the jurisdiction of the country. The learned Deputy Attorney General has also emphasized that international coordination mechanisms, including those facilitated through Interpol, are fully operational to ensure that absconders who flee abroad may be traced and brought back in accordance with law. It has thus been asserted that all necessary measures have been developed and are being implemented with the objective of protecting society from fugitives of law and curbing the practice whereby individuals, after being nominated in criminal cases or subjected to in quiry or legal proceedings, attempt to avoid the process of law instead of submitting themselves before the competent authorities. In support of these submissions, a written synopsis has also been filed. 13. Syed Sardar Ali Shah Rizvi, l earned Additional Prosecutor General, appearing on behalf of the Province, has submitted that, despite limited resources, the police have made earnest efforts to apprehend the accused persons. However, it has been candidly acknowledged that the local police do not possess th e same level of resources, infrastructure, and technological support as is available to specialized Federal law enforcement agencies /organizations, such as the NAB and FIA. It has been contended that the local police, in fact, constitute the primary and pr incipal agency responsible for the prevention of crime, maintenance of law and order, and initial response to criminal activity. All other law enforcement agencies, to a
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considerable extent, rely upon the groundwork and support provided by the local police . Despite this essential role, it has been argued that insufficient attention has been given towards the capacity -building and modernization of the police force. While certain initiatives, such as the introduction of the Eye Management System, have been un dertaken, the same are not sufficient to effectively address the challenges of crime prevention, apprehension of accused persons, and maintenance of public order in its true sense. The learned Additional Prosecutor General has further submitted that the ro le of the trial Courts, in this regard, has also remained largely passive. It has been pointed out that, in a number of cases, proper proclamation proceedings are not undertaken in accordance with law. Instead, accused persons are declared proclaimed offen ders merely on the statements of police officials, without strict compliance with the prescribed legal procedure. Consequently, such cases are often consigned to dormant files, without any meaningful progress towards securing the presence of the accused persons or concluding the trial. 14. Mr. Agha Ather Hussain Pathan, l earned Assistant Advocate General has submitted that, despite restricted resources, the Sindh Police has made comprehensive efforts to apprehend absconders and proclaimed offenders. It has been contended that, while previously the number of such absconders was significantly high, due to the serious and concerted efforts of the Sindh Government and the po lice, the ratio of proclaimed offenders and absconders has now been substantially reduced and continues to be monitored. It has further been submitted that it is a primary duty of law enforcement agencies to act upon any credible information provided by th e complainant parties, even if such information is not already in the control of the authorities. Proper coordination with the complainant and other concerned quarters is necessary to further decrease the number of absconders and to develop a society that is free from the intimidation and threats posed by fugitives of the law. 15. Heard learned counsel at length and perused the relevant provisions of law, along with the record, reports, and the entire material placed on file during the course of proceedings.
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16. It has come on record that most of the law enforcement agencies, despite the existence of relevant laws, have developed and implemented their own Standard Operating Procedures (SOPs), specifically tailored for the arrest of accused persons, apprehens ion of criminals, and tracing of absconders. These SOPs are intended to safeguard society and ensure public security. During the proceedings, it has also been noted that these agencies coordinate and remain in constant liaison with one another to maximize the effectiveness of their efforts. 17. However, despite these measures, the phenomenon of abscondence has not been entirely eliminated, and it cannot be said, in the present scenario, that society is free from the threat posed by fugitives from the law. E ven though many agencies are equipped with the latest technology and modern investigative tools, they have not been able to completely eliminate abscondence. 18. This Court is of the view that one of the principal reasons for this situation is the lack of proper judicial supervision over the implementation of these mechanisms . While the agencies have relied on their SOPs and taken measures under various provisions, and other relevant statutes, the enforcement of these measures has not been monitored in a manner that ensures their full effectiveness. 19. It is also noted that law enforcement agencies, and other specialized bodies, function in a manner analogous to the police in such matters. In this context, the relevant law pertaining to the powers of the police requires discussion. The police are authorized to arrest an accused even without a warrant. In this regard, Section 54 of the Code of Criminal Procedure empowers the police to effect arrest. For ready reference, the provision is reproduced as follows: B.—Arrest without Warrant 54. When police may arrest without warrant : (1) Any police-officer may, without an order from a Magistrate and without a warrant arrest - - first, any person who has been concerned in any cognizable offence or against whom a reason able complaint has been made or credible
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information has been received, or a reasonable suspicion exists of his having been so concerned; secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house breaking; thirdly, any person who has been proclaimed as an offender either under this Code or by order of the Provincial Government; fourthly, any person in whose possession anything is found which may reasonably be s uspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing ; fifthly, any person who obstructs a police -officer while in the execution of his duty, or who has; escaped, or attempts to escape, from lawful custody ; sixthly, any person reasonably suspected of being a deserter from the armed forces of Pakistan; seventhly, any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of Pakistan, which, if committed in Pakistan, would have been punishable as an offence and for which he is under any law relating to extradit ion or otherwise liable to be apprehended or detained in custody in Pakistan; eighthly, any released convict committing a breach of any rule made under Section 565, sub-section (3);ninthly, any, person for whose arrest a requisition has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the office r who issued the requisition.
20. So far as the Courts are concerned, they are required to strictly adhere to the procedures prescribed under the relevant statutory provisions of law for dealing with an absconding accused and, where warranted, declaring such person a proclaimed offender. In view of the necessity for ready reference, the relevant provisions of the Code of Criminal Procedure are reproduced herein. C.—Proclamation and Attachment 87. Proclamation for person absconding: (1) If any Court is satisfied after taking evidence that…
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