MUHAMMAD AYUB vs STATION HOUSE OFFICER, POLICE STATION, CITY LALA
This matter concerns a habeas corpus petition filed regarding the alleged illegal detention of four individuals at a police station. Upon the execution of a search warrant, a Bailiff of the Court recovered three of the four named detenus from the premises of the police station, while the fourth remained missing. The Bailiff's report confirmed that the recovered individuals were not named in any First Information Report, nor were their arrests recorded in any official police register. The Station House Officer claimed the individuals were not under arrest and had entered the station voluntarily, an explanation the Court found unconvincing. Consequently, the Court ordered the immediate release of the detenus. Furthermore, the Court directed the District Police Officer, Gujrat, to conduct an inquiry into the conduct of the police officials involved to determine if any illegality occurred and to initiate appropriate disciplinary action if warranted, with a compliance report to be submitted within fifteen days.
- Can a police officer justify the presence of individuals in custody by claiming they entered the station voluntarily when no official arrest record exists?
- Does the Court have the authority to order an inquiry by a District Police Officer into the conduct of subordinates following a habeas corpus recovery?
- What is the legal status of individuals found in police custody who are not named in any First Information Report or arrest register?
ORDER
' TARIQ SHAMIM, J.---The detenus Ijaz Ahmad, Altaf and Asghar have been produced by the Bailiff, who has 'also submitted a detailed report which reveals that the said detenus were found in the third storey of the Police Station and the fourth detenu Muhammad Akhtar was not found. The report further reveals that the said detenus were neither required in any case nor their arrest was entered in any register maintained in the police station. The S.H.O. Informed the Bailiff that he had not arrested the detenus as they were not required in any case who had voluntarily entered the premises of the police station prior to the raid conducted by the Bailiff of this Court.
2. Since the detenus are neither nominated in any F.I.R. Nor are they required by the police of the said police station, as such they are set at liberty. The explanation given by the police officer does not appeal to the mind. Consequently, the District Police Officer, Gujrat is directed to probe into the matter and if he comes to a conclusion that any illegality has been committed by the S.H.O. Or other police officers, he may initiate appropriate action against the delinquent officials. A compliance report shall be submitted to this Court within fifteen days. Disposed off.