GOVERNMENT OF SINDH through Secretary, Home Department vs MUHAMMAD SARWAR S — 2023 PLD 154 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLD 154 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLD
Parties: GOVERNMENT OF SINDH through Secretary, Home Department vs MUHAMMAD SARWAR S
Subject matter: Criminal
Provisions referred to: S. 1---S; S. 1; Fatal Accidents Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GOVERNMENT OF SINDH through Secretary, Home Department VS MUHAMMAD SARWAR S. 1---Suit for compensation---Custodial death---Acquittal in criminal case---Effect---Respondent filed a suit for compensation under S. 1 of the Fatal Accidents Act, 1855 claiming therein that his son was tortured to death at CIA Centre while in police custody---Single Bench of High Court decreed the suit---Contention of appellants was that since they had been acquitted in the criminal case registered against them pursuant to a direct complaint filed by the plaintiff on similar allegations, therefore, the present suit was not maintainable---Validity---Deceased, who was a young man of 24 years of age having no medical condition had suddenly died while in police custody---Circumstances reflected that the police was supporting the appellants as no FIR of the incident was registered---Charge of murder was not established beyond reasonable doubt due to faulty investigation of the police---Scope of civil proceedings was different and distinct from the scope of criminal proceedings pursuant to direct complaint filed by the plaintiff against appellants---Contention of the appellants being misconceived in fact and law was rejected---Appeal was dismissed.

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