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Official Citation: 2026 SHC 1394
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 3906/2026 (D.B.) Sindh High Court, Karachi - Sajid Maroof (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 1394. In this matter between Const. P. 3906/2026 (D.B.) Sindh High Court, Karachi - Sajid Maroof (Petitioner) and the Respondent, 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: Const. P. 3906/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1394 PARTIES: Sajid Maroof (Petitioner) ORDER DATE: 09-JUL-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry A.F.R: Yes ------------------------------------------------------------ 1
ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI C.P No.D-3906 of 2026 (Sajid Maroof v Province of Sindh & others) ______________________________________________________________ Date Order With Signature Of Judge ______________________________________________________________ Before:- Mr. Justice Adnan-ul-Karim Memon Mr. Justice Adnan Iqbal Chaudhary Date of hearing and order:-09.07.2026
M/s Syed Qambar Abbas Ri zvi, Ms. Bushra Abbas, advocates for the petitioner. Syed Ali Ahmed Zaidi, Addl.A.G Mr. Faheem Ahmed Panhwar DPG along with SIO/SI Asad Ali Chattha, I/O SI Syed Abad Haider, PDSP Sajjad Abbasi, DSP(Inv) Ghulam Marwat, AIG(legal) Ayaz Rajpar, SIP (Legal) Shahid Mustafa (Crime Investigation), SHO PS Zaman Town and SIP Junaid ------------- O R D E R Adnan-ul-Karim Memon, J Through the instant petition, the petitioner prays that this Court direct the competent authorities to conduct an impartial inquiry into the allegations of corruption, mis conduct, and abuse of authority against Respondent Nos.7 to 9 and initiate appropriate departmental and legal action. It is further prayed that the investigation of FIR No.274/2026, Police Station Zaman Town, Karachi, may be transferred to an independent o fficer of another zone/range, and that Respondent No.7 may be transferred from his present posting. It is also prayed that Respondent Nos.7 to 9 be restrained from harassing, threatening, or pressurizing the petitioner in any manner, and any other relief d eemed just and proper may kindly be granted in the interest of justice.
2. Learned counsel for the petitioner submits that the petitioner is a law -abiding citizen who has approached this Court seeking protection of his fundamental rights and a fair and impartial investigation in FIR No.274/2026 registered at Police Station Zaman Town, Karachi, under Sections 468, 471, 474 and 34 PPC. It is contended that the petitioner supplied chemical material worth approximately Rs.20 million to Respondent No.10, who, along with Respondent No.11, failed to clear the outstanding liability. Subse quently, a Pay Order of Rs.90 lacs was issued to the petitioner, which, upon presentation before Meezan Bank, was found to be fake and forged. Consequently, the aforesaid FIR was registered against the private respondents. Learned counsel submits that afte r obtaining pre-arrest bail, the private respondents started influencing the investigation, while Respondent Nos.7 to 9, police officials, allegedly harassed and pressurized the petitioner and demanded illegal gratification of Rs.1,000,000/ - for conducting a favourable investigation. It is further alleged that Respondent No.7 threatened to convert the FIR into B -Class/C- Class if the demanded amount was not paid and misused his official position. It is contended that the petitioner submitted complaints to th e concerned senior police authorities and Establishment Division seeking departmental action, transfer of
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investigation, and protection, but no effective action has been taken. Due to such inaction, the petitioner apprehends manipulation of the investigati on, destruction of evidence, and miscarriage of justice. Learned counsel argues that the conduct of the police officials is violative of Articles 4, 9, 10 -A, 14 and 18 of the Constitution, as the petitioner is entitled to an impartial investigation and pro tection against harassment and abuse of authority. It is prayed that an independent inquiry be conducted against the concerned officials, the investigation of FIR No.274/2026 be transferred to another zone/range under a competent officer, and the petitione r be protected from further harassment.
3. Learned Additional AG and APG, assisted by the counsel appearing for Respondent No.07, submit that the allegations levelled against the respondent are false, fabricated, and baseless, and that he has no personal role in the matter. It is stated that the case pertains to FIR No.274/2026 registered at Police Station Zaman Town under Sections 468, 471, 474 and 34 PPC regarding an alleged fraudulent pay order of Rs.90 lacs issued to the petitioner against outstanding payment of chemical material supplied by him. It is submitted that after registration of the FIR, investigation was entrusted to SI Syed Ibad Haider, who conducted crime scene inspection, recorded statements of the complainant and witnesses under Section 1 61 Cr.P.C., obtained verification of the disputed pay order from the concerned bank through legal process, and collected relevant evidence including CDRs and other material. Since the accused persons were not initially available, a report under Section 173 Cr.P.C. was submitted before the competent court. He further submits that subsequently, the main accused joined the investigation after obtaining pre-arrest bail and produced documents relating to the underlying financial dispute. After considering the available material, the Investigating Officer submitted a cancellation report under Class “C” before the competent court, which is presently pending for appropriate orders.
4. Respondent No.05 submits that in compliance with the Court’s order, notice was served upon Respondent No.11/accused Abbas Butt, who stated that he had no connection with the matter.
5. Respondent No.06/SHO, Police Station Zaman Town, submits that FIR No.274/2026 was registered on 12.03.2026 under Sections 468, 471 and 474 PPC and the investigation was conducted by the Investigation Wing. After completion of the investigation, challan under Section 173 Cr.P.C. was submitted before the concerned Magistrate, who took cognizance and forwarded the matter to the District & Sessions Court East for trial.
6. We have heard the learned counsel for the parties present in court and perused the available record with their assistance.
7. The grievance of the petitioner primarily relates to alleged harassment by police officials and the manner in which investigation of FIR No.274/2026,
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registered under Sections 468, 471, 474 and 34 PPC at Police Station Zaman Town, Karachi, was conducted.
8. From the record, it appears that the FIR was duly registered on the complaint of the petitioner and the investigation was entrusted to the Investigation Wing. The Investigating Officer conducted necessary proceedings, including inspection of the relevant place, recording of statements under Section 161 Cr.P.C., verification of the disputed pay order from the concerned bank, and collection of other relevant material. Thereafter, in compliance with the requirements of law, a report under Section 173 Cr.P.C. was submitted before the competent court.
9. The allegations levelled by the petitioner against Responde nt Nos.7 to 9 regarding demand of illegal gratification and misuse of authority are disputed by the concerned officials and have not been substantiated by any independent material placed before this Court. Mere allegations, without supporting evidence, can not form the basis for issuing extraordinary directions under Article 199 of the Constitution. Furthermore, the matter regarding the correctness or otherwise of the investigation report, including the Class “C” cancellation report, falls within the domain of the competent trial court, which is seized of the proceedings and is empowered to examine the same in accordance with law.
10. It is a settled principle that constitutional jurisdiction is to be exercised sparingly and not as a substitute for the statutory remedies available under the criminal law. The Court cannot interfere with the investigation process merely based on apprehensions unless mala fide, abuse of authority, or violation of fundamental rights is established through convincing material.
11. In the present case, the record reflects that the investigation was carried out by the concerned authorities and the matter is already pending adjudication before the competent court as cognizance has already been taken. However, at the same time, the police authorities remain duty -bound to ensure that the petitioner is not subjected to any harassment or undue pressure and that all proceedings are conducted strictly in accordance with law, fairly and impartially. IGP Singh shall take stock of all th e happenings and ensure police are neutral in criminal as well as civil matters between the parties.
12. In view of the above, no further direction under Article 199 of the Constitution is required in the matter as discussed in the preceding paragraph.
13. The petition is accordingly disposed of with the observation that the petitioner shall be at liberty to avail the remedies available under the law before the competent court, if so advised, if his cause still subsists.
JUDGE
JUDGE Shafi