GOVERNMENT OF SINDH through Secretary, Home Department vs MUHAMMAD SARWAR S

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GOVERNMENT OF SINDH through Secretary, Home Department VS MUHAMMAD SARWAR S. 1---Suit for compensation---Custodial death---Scope---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 the High Court decreed the suit---Contention of appellants was that deceased had died because of natural death, whereas, the injuries found on the body of deceased, as per post-mortem report, were not so fatal as to cause death---Validity---Respondent stated on oath that the police officials caught hold of the deceased without any lawful reason and legal justification; that he was taken to CIA Centre where he was mercilessly tortured and assaulted violently for more than five hours constantly; that the deceased got fatal injuries and died on account of wrongful acts of the police officials; that the police officials instead of taking his son to the hospital lodged an FIR under S. 13-D of the Arms Ordinance, 1965 in order to justify the illegal arrest; that his son was ultimately taken to hospital where he was finally pronounced dead; that the inquest report was manipulated wherein injury column was silent about any injury upon the deceased; that the inquest report was again prepared under the supervision of Magistrate, which proved that the death was caused by torture and harsh beating; that the reports of Chemical Examiner and Pathologist corroborated the factum of death on account of injuries by torture and beating and that a judicial inquiry was ordered by the Secretary, Home Department, report of which supported the claim of respondent---In spite of service of notice upon the appellants, none had appeared to cross-examine the respondent---Appellants had not produced any witness or evidence in support of their defence---Respondent had successfully discharged the burden of proof for the purpose of claiming compensation/damages and also estimating the quantum of damages as claimed---Appeal was dismissed.

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

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