Declaration of Shaheed in writ petition (case law)
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| Shaheed package |
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| Declaration of Shaheed |
Form No: HCJD/C-121
ORDER SHEET
IN THE LAHORE HIGH COURT, LAHORE.
JUDICIAL DEPARTMENT
W.P. No. 232741-2018
Firdous Shafiq Vs. Inspector General Police etc.
Sr. No. of
order/
Proceeding
Date of order/
Proceeding
Order with signature of Judge, and that of parties or counsel, where
necessary.
29.11.2019 Raja Rafaqat Ali, advocate for the petitioner.
Mr. Muhammad Ejaz, Assistant Advocate General Punjab
with Imran Sharif DSP.
Through this constitutional petition, the petitioner has
sought a direction to respondent No.1 to produce the record of
Mr. Muhammad Shafiq TWF/367 (late) with a further prayer
to set-aside the order/letter dated 20.07.2018 issued by
respondent No.1 whereby the late husband of the petitioner
was not declared as “Shaheed” being an accidental case.
2.
Brief facts giving rise to the filing of this constitutional
petition are that on 19.06.2006 the petitioner’s husband was
appointed as Traffic Warden (BS.14) in District Faisalabad
and served the department about 11 years. On 11.02.2017 the
husband of the petitioner while on duty met an accident with
a damper and succumbed to the injuries for which an FIR
No.182/2017 was registered at Police Station Millat Town,
District Faisalabad. The deceased left three daughters, two
sons and one widow as his legal heirs. The petitioner
submitted two applications to respondent No.1 & 2
respectively for declaration of deceased as “Shaheed” upon
W.P.No.232741-2018
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which a DSP was appointed as inquiry officer who on
28.03.2017 approved that the deceased (husband of the
petitioner) was a “Shaheed”. The said letter was forwarded by
respondent No.4 to Additional Inspector General of Police.
The petitioner also submitted two other applications for
declaring her husband as “Shaheed” upon which a SSP was
appointed as Inquiry Officer who also held the husband of the
petitioner as “Shaheed” and recommended his case for
package # 3 for the welfare of his family. Thereafter the
petitioner submitted all the required documents to the
concerned quarters. On 29.01.2018 respondent No.2 sent a
report to respondent No.1 clearly mentioning that the husband
of the petitioner was a “Shaheed” but the Additional Inspector
General of Police, Finance & Welfare
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Punjab, Lahore vide
impugned letter awarded the compensation to the tune of Rs.6
lac and not declared the husband of the petitioner as
“Shaheed”, hence this petition.
3.
Arguments heard. File perused.
4.
A perusal of the file reveals that Muhammad Shafiq
served the department for 11 years and 01 month who died
on 11.02.2017 due to an incident took place near Bhaiwala
Graveyard, Jhumra Road, Faisalabad and as per the report of
Punjab Emergency Service (Rescue 1122), Faisalabad. dated
04.04.2017 it was a road traffic accident on 11.02.2017 in
which said Muhammad Shafiq expired and Muhammad Ali
son of Nasrullah was injured. As per the detail, a dumper
bearing registration No.FDJ-2886 was coming towards Dry
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Port which hit said Muhammad Shafiq, Traffic Warden-367.
FIR No.182/2017, dated 11.02.2017, under sections 302, 337-
G, 279 PPC was registered at Police Station Millat Town,
Faisalabad. According to the postmortem report, the deceased
sustained as many as 11 injuries, including lacerated wound 3
cm x 1 cm below chin and abraded area 26 cm x 7 cm on
right side of face and right side of neck( facial bones
fractured), abrasion 2cm x 2 cm on right eye brow outer part
(skull bones fractured frontal side), hence ribs were also
fractured as a result of which he died on the spot. The
incident report dated 11.02.2017 shows that dumper driver
managed to escape from the scene. As per the death
certificate Muhammad Shafiq died an unnatural death. Vide
letter dated 24.04.2017, driving license No.247336/LHR/82
in the name of Muhammad Sharif, alleged driver of the
dumper, was found bogus/fake for which FIR No.821/2017,
dated 12.07.2017, under sections 420, 468, 471 PPC was
registered at Police Station Millat Town, Faisalabad.
Muhammad Shafiq was survived by his widow Fardous
Shafiq, daughters Kiran Shahzadi, Zunaira Jabeen, Hira
Shahzadi and sons Muhammad Ahad Shafiq and Muhammad
Fahad Shafiq. A succession certificate was also issued in their
names. The widow of Muhammad Shafiq namely Fardous
Shafiq/petitioner filed an application before the Inspector
General of Police Punjab, Lahore dated 08.03.2017 to declare
her late husband as “Shaheed”. On 19.04.2017, the Chief
Traffic Officer, Faisalabad recommended that since
W.P.No.232741-2018
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Muhammad Shafiq had died in the line of duty in best
department interest, therefore, be declared as “Shaheed”. The
City Poice Officer, Faisalabad vide his letter dated
26.01.2018 also recommended that Muhammad Shafiq should
be declared as “Shaheed”. A report was prepared by the
Senior Superintendent of Police, Investigation,
Faisalabad/Inquiry Officer who also recommended for his
declaration as “Shaheed” since he embraced death while
performing his official duties actively on the fateful date and
time and was intentionally hit by the driver Muhammad
Sharif with his dumper. The Regional Police Officer,
Faisalabad vide his letter dated 29.01.2018 had also
recommended to declare him as “Shaheed”, therefore, was
entitled to the grant of compensation under Notification
No.7641/W-III, dated 30.05.2015. However, surprisingly on
20.07.2018, the Additional Inspector General of Police,
Finance & Welfare Punjab, Lahore, on the basis of meeting
dated 28.05.2018 did not declare him as “Shaheed” and had
stated that he met with an accidental death and only six lacs
rupees were recommended under Rule 14(F) of Punjab Police
Welfare Fund Rules, 2016. In the meeting dated 28.05.2018
no reasons whatsoever were given to disagree with the
inquiry report so far conducted recommending declaration of
Muhammad Shafiq as “Shaheed”.
5.
Under Notification No.7641/W-III, dated 30.05.2015,
the officer/official killed in encounters, including bomb blast,
riots, watch and ward duties but not death caused in accident
W.P.No.232741-2018
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shall be awarded Rs.20,00,000/-
as compensation.
Admittedly, Muhammad Shafiq had died during the watch
and ward duties in an accident which was reported under
section 302 PPC, therefore, it was not an accidental death and
in my humble view, he is entitled to be declared as
“Shaheed”.
6.
In view of the above discussion, this writ petition is
allowed and Muhammad Shafiq, husband of the petitioner is
declared as “Shaheed” with all consequential benefits.
(ALI BAQAR NAJAFI)
JUDGE
Announced in open court on ------------------.
Approved for Reporting.
JUDGE
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