The State vs Khadim Hussain & 3 Other
This matter concerns contempt proceedings initiated against police officials following a bailiff's report regarding the illegal detention of a woman, Noor Sabah, at an unnotified location. The core legal question was whether the respondent police officers acted in violation of law and court orders by detaining a citizen in an unauthorized place and fabricating official records to conceal the detention. The Court found that the Sub-Inspector, Naseer, had illegally detained the woman and made false entries in the daily diary register to frustrate judicial orders. Furthermore, the Moharrar Head Constable and the Naib Moharrar were found complicit in failing to produce the daily diary register upon the bailiff's demand and subsequently producing it after making false entries. The Court convicted and sentenced the three officers to imprisonment till the rising of the court, along with fines. The judgment establishes the principle that police officers are strictly bound to detain individuals only at notified police stations and that any attempt to manipulate official records to obstruct judicial oversight constitutes serious misconduct warranting penal consequences.
- Does the detention of a person at a place other than a notified police station constitute illegal confinement?
- Can police officers be held liable for contempt for failing to produce official registers upon a bailiff's demand?
- Is the fabrication of daily diary entries to frustrate a court order sufficient grounds for conviction and sentencing?
ORDER
KHAWAJA MUHAMMAD SHARIF, J.~ All the four respondents have filed their replies. As far as, reply of Khadim Hussain, SHO is concerned, he has tendered unconditional apology, which I accepted and notice issued against him is discharged. He is directed to be careful in future.
2. As far as, case of Naseer, S.I. Is concerned, it was crystal clear from the statement of Noor Sabah .That she was taken into custody on 5.1.2001, she was kept at a place which was neither notified Police Station nor notified Police Post and report of the Bailiff in this regard is very much clear, even the Lady Constable, who was posted as guard had also stated before the Bailiff that she had been posted as guard on Noor Sabah detune since 5.1.2001. Therefore, Naseer, S.I. Has transgressed the limits and misused his official position by not dealing a lady in accordance with Police Rules on the subject. He is also responsible for making a false entries in the daily diary register of the P.S. Just to frustrate the order passed by this Court, even Naseer, S.I. While filing his reply has not tendered unconditional apology but he has stated in that "if this Hon'ble Court think about any carelessness committed, the answering-respondent is prayer for apology unconditionally". Even otherwise, his reply is not satisfactory one, therefore, I convict -and sentence him till the rising of the Court. Till the Court time is over with a i.e of Rs. 5,000/- (i.e thousand) and in default thereof one month's R.I.
3. So far as, Mehboob H.C. Is concerned, he was Moharrar Head Constable of the Police Station, when the Bailiff raided the said P.S. He was not present, even the daily diary register of the P.S. Was- not present in the reporting room, on the demand of the Bailiff, the said daily diary register was not produced before him, his reply is also not' satisfactory one, therefore, I convict and sentence him till the rising of the Court. Till the Court time is over with a i.e of Rs. 3,000/- (three thousand) and in default thereof 1 5 days' R.I.
4. As far as, Gulzar Ahmad, Constable/ respondent is concerned, he was working as "Naib Moharrar" in the said P.S. When the Bailiff raided the P.S. Bailiff was not shown the "Rozenamcha", i.e. Daily diary register of the P.S. And the same was not even present in the reporting room and even on the asking of the bailiff the said daily diary register was not produced and after about -11 hour it was brought from out side the P.S. After making a false entry in the said daily diary register, his reply is also not satisfactory one, therefore, also convict and sentence him till the rising of the Court. Till the Court time is over with a i.e of Rs. 3,000/- (three thousand) and in default thereof 1 5 days' R.I.
5. I cannot remain observing that now-a-days it has become the tendency of the police officers to detain the persons at the places which are neither the notified Police Station nor notified Police Post, It is hoped that the Inspector-General of Police, Punjab will take up this matter with the seriousness which it deserves. With these observations, this petition stands disposed of.