IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
         
PRESENT: 
        Mr. Justice Iftikhar Muhammad Chaudhry,HCJ 
        Mr. Justice Amir Hani Muslim 
        Mr. Justice Ejaz Afzal Khan 
 
C.M.A. 1145-K/2013 IN S.M.C. 16/2011. 
(Suo Moto Action on the news clippings 
published on 04.03.2013 in Daily “The 
News”, Dawn and “The Nation” Islamabad, 
regarding incident of Abbas Town at Karachi  
on 03-03-2013) 
 
 
In attendance: 
 
Mr. Abdul Fatah Malik, AG. Sindh. 
Mr. Adnan Karim Memon, A.A.G. Sindh. 
Mr. Shah Khawar, ASC on behalf of I.G. 
Police. 
Mr. Fayyaz Ahmed Leghari, I.G. Sindh. 
Mr. Ghulam Shabbir Shaikh, Addl. I.G. 
CID. 
Mr. Abdul Aleem Jafri, DIG East. 
Mr. Jawed Odho, DIG West. 
Mr. Naeem Ahmed Shaikh, AIG 
Operation. 
Mr. Ali Sher Jakhrani, AIG Legal. 
Rao Anwar Ahmed, SSP Malir. 
Mr. Farooq Awan, SSP SIU. 
Mr. Niaz Khoso, SSP AVCC. 
Mr. Shiraz Nazeer, SSP Investigation 
Malir. 
Mr. Qamar Ahmed, DSP, Sohrab Goth. 
Mr. Azhar Iqbal, SHO Sohrab Goth. 
Mr. Anwar Mansoor Khan, ASC 
On behalf of Province of Sindh. 
 Mr Rizwan Akhtar, DG Rangers, 
Major Ashfaq Ahmed Baloch, DAJAG. 
Allama Abbas Kumeli. 
Syed Mehmood Akhtar Naqvi. 
  
Date of hearing:  
06-03-2013. 
 
ORDER 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ.-When we were 
hearing the instant case, it was informed by Major Ashfaq 
Ahmed Baloch, DAJAG Pakistan Rangers that vide notification 
 
2 
dated 25th August 2011, Ranger is also authorized to exercise 
powers under Section 5 of the Anti Terrorism Act, 1997 etc. He 
has read the contents of the notification, which indicates that to 
combat terrorism Ranger has been given powers especially for 
the Karachi City. Prima facie, it seems that Ranger is equally 
responsible if any incident takes place. However we direct the 
officer who appeared before us that he should place on record 
copies of the notifications extended from time to time and also 
ensure that Major General Rizwan Akhtar DG Rangers attends 
the court at 11.30 a.m.  
2. 
 
Major General Rizwan Akhtar appeared and stated 
that under Section 5 of the Anti Terrorism Act 1997 his force is 
required to prevent commission of terrorist acts or scheduled 
offences. It is to be noted that in the Province of Sindh Rangers 
is deployed from 1995 to onward to perform their duties. 
Whereas, w.e.f. 25th August 2011 powers of police have also 
been conferred upon it so that they may cause arrest etc. of the 
accused persons. He also informed that at present 11000 troops 
of Rangers have been deployed in Karachi City and efforts are 
being made to prevent the terrorism. It is to be noted that in 
presence of considerable good number of troops of Rangers 
crime of terrorism and other offences referred to in the Schedule 
of the Act 1997 have not been controlled or prevented despite of 
the fact that the Rangers has got its own system, though at a 
small scale, to gather secret informations about the commission 
of the terrorism etc. He also admitted that regarding incident of 
Abbas Town dated 03.03.2013 no secret information was 
received by his force, except that there was generalized 
 
3 
information about the happening of the incident. On our query, 
he stated that the troops deployed near the place of incident 
could not reach for the assistance of the victims on account of 
protest launched by the inhabitants of the area and other 
persons who had gathered there in the meanwhile.  
When we enquired from him as to whether any detail of 
the report has been transmitted to the Secretary Interior, 
Government of Pakistan, he replied in affirmative and promised 
to place on record the report on the next date. Similarly when 
we enquired from him as to whether any action has been taken 
against the officials/officers failing in preventing the terrorism in 
Abbas Town, he stated that no such action was required to be 
taken because the officers, who were posted there, had been 
performing well in the past.  
3. 
  
Be that as it may, this aspect of the case would be 
considered later on as prima facie it seems that despite of failing 
to prevent the commission of terrorism no effective step by 
initiating action against the persons posted over there had been 
taken by him. He is directed to submit a detailed reply about the 
incident of Abbas Town, dated 03.03.2013, and also explain that 
as to why in presence of the notification under Section 5 of the 
Act 1997, Rangers had failed to prevent the commission of 
terrorism and other offences mentioned in the schedule, 
particularly when the police powers had also been conferred 
upon the Force for the purpose of arresting and conducing raids 
to cause the arrest of the accused persons, on the next date of 
hearing. 
 
 
4 
4. 
  
Mr. Anwar Mansoor Khan, learned Sr. ASC appeared 
on behalf of the Provincial Government and stated that after 
hearing of the case, he has contacted to the Chief Minister Sindh 
who has communicated to him that on account of the fact that 
the Inspector General Police is a Grade-22 Officer, therefore, he 
has been surrendered to the Federal Government, similar is the 
situation with the DIG and the SSP will be transferred to the 
Headquarters and appropriate action will be taken.  
The learned counsel may produce the notification of the 
surrender of both these officers, i.e. IGP (Fiaz Leghari) and DIG 
East (Aleem Jafri) to the Federal Government during the course 
of the day by supplying a copy to the Incharge Branch Registry 
for our perusal in Chamber.  
 
5. 
  
It is to be noted that this Court in the case of Watan 
Party & another v. Federation of Pakistan and others (PLD 2011 
SC 997), which is generally known as Karachi Killing and Law 
and Orders Case, delivered judgment on 06.10.2011, and, inter 
alia, observed as under: 
“55. It is to be noted that, primarily it is the duty of 
the Province through its executive authorities to 
control the law and order situation and ensure 
implementation of Fundamental Rights of citizens. 
But prima facie it seems that the Provincial 
Authorities have not fulfilled their constitutional duty. 
Under the Constitution, equally it is the obligation of 
the Federation to protect every Province against 
internal disturbances as well as external aggression 
and to ensure that the Government of every Province 
is carried on in accordance with the provisions of the 
Constitution.” 
 
6. 
  
It is a matter of great concern that despite of 
categorical observation made hereinabove, situation of law and 
 
5 
order has not been improved in Karachi, for which no one else 
except the Provincial Government/Executives are responsible. 
The citizens/general public of Karachi constantly are being 
denied their fundamental rights of life and security in terms of 
Article 9 of the Constitution. We were hopeful that in view of the 
above observations situation of law and order would have been 
improved but here the position is altogether different. The target 
killings, kidnapping for ransom, Bhatta and terrorism have 
increased day by day. It is unfortunate that despite of happening 
of the instant incident and all the incidents which had been taken 
place earlier, no action against the responsible police officers and 
Rangers had been taken, may be for the reason known to the 
Provincial Government/high-ups of the Rangers.  
 
7. 
  
Any way we have prima facie noticed that during the 
happening of the incident of Abbas Town no one from the 
position of the constable to I.G.P. Sindh and Rangers reached at 
the place of incident immediately, whereas the material/report 
which has been made available by the Media the inhabitants of 
the area on their own had been helping to each other. Primarily, 
it was the duty of the Law Enforcing Agencies, both Police as well 
as Rangers, to prevent the commission of happening of such 
offences and if at all on account of their negligence the incident 
had taken place, they could have at least extended helping hand 
to the victims but they have failed to do so. Admittedly, 50 
persons had lost their lives and a good number of flats and 
shops both situated in Iqra City and Rabia Flower Plaza have 
been destroyed, peoples of the area are lying under the open 
 
6 
sky but so far administration has not moved at all in any manner 
as no action against any police officers or rangers had taken. We 
are reluctant to hold that the manner in which the incident had 
taken place and subsequent thereto as the Executive behaved 
with the victims etc. is highly unconstitutional, unlawful and 
illegal. Action was required to be taken immediately against the 
Incharge Police officers right starting from I.G.P. to SHO 
inasmuch as, SSP, DSP, etc. had not been proceeded against so 
far.  
 
8. 
 
In the circumstances, we direct the Chief Secretary, 
Government of Sindh, being the head of the Executive that 
immediately suspend SSP, DSP and SHO and issue such 
notification during the course of the day. They also be directed 
to join interrogation on account of their criminal negligence in 
not providing the assistance to the inhabitants. The notification 
should be also sent for our perusal in Chamber. 
9. 
   
 We have been told that Mr. Iqbal Mehmood, CCPO, 
Karachi was also not present there and Mr. Shabbir Shaikh, Addl. 
IGP was holding the charge. The Chief Secretary is directed to 
look into his conduct as well with reference to instant case and 
send report to us on the next date of hearing. If need be, we 
would also pass appropriate order in his case as well. 
10. 
  
As 
DG 
Rangers 
requires 
time 
to 
file 
the 
reply/explanation, therefore, this case is fixed for 08.03.2013. 
In the meanwhile, we would direct the Federal Government 
through Secretary Interior as well as ISI, M.I. and I.B. to put up 
their reports through their counsel about happening of the 
 
7 
incident particularly pointing out as to whether before the 
incident any information was communicated to the police, 
Rangers and if so, then we have to examine this aspect of the 
case as well. However, if need be some authorized officers may 
also be deputed for purpose of providing assistance to the 
Court.. 
 
 
 
 
 
 
 
 
    CHIEF JUSTICE 
 
 
 
 
 
 
 
 
 
JUDGE 
 
Karachi, the  
06th March, 2013. 
 
 
 
 
JUDGE 
 
  



 



     



 


CMA 1145-K/2013 in SMC 16/2011



  
   
  

04-03-2013



    

  




    

 

   


 


  

 

 

  







  

  

   

      


       

 

  


     
 


  
   



    


1

   

  




  

06-03-2013





     





   
 
2011

 25
 
   
 

      
5
 
1997


  
  
 
    

   
    

 
 



   



   
 


  





 

      
    




  



  
      
  
2
  
 
  
  

      
1997

 
1995
        

   
  


2011

 25
            
 

  


  
  


 
   


 
1997
  
 

  
  

 


 
  
 





    


2
  


        

  

  
  
   
   
3-3-2013

 


 
 


  

    

     



  
   



    


     
 
   

 

  


 


 

   


  

 


    
      

   

   
 
 


  
 
   
 
3
   
  

    






   
  
  
            


  

    


 


  
3-3-2013
  
5

1997



   
  

   
   
    
  


 
     
 


    




   
    

   
4
 
 

    
 




  
  
   


    


3

     
 






 
          

   

    


 






 




 


    
  
5

 
   
 (PLD 2011 SC 997)



 



    
6-10-2011



















55 
  


















  



  







   









  




  

  
    





      



 


  

     




   
 
 
 
   
6
    
/
 

   



 
 
    
9


 



     



 
 

  
 
       



  


 

   
   





 



  

 


    


4



 
   

 
   


7

   


  
 


 





 
 

  
  
 
  

 

    



   

         

   


 
 


 



     

 



       

   
  
 













 




 
        
 
 

          
    



  







    
 
8
 

      

 
 

  

   

     
    


 




     
     

 
9
   
    
        

 

 

 


    



    


5





        
/

    
10


   

     

8-3-2013
                  



 



  

  


 
 
    
  

 

   
     

  







2013

 6th



    


6