MUHAMMAD IQBAL vs STATION HOUSE OFFICER, POLICE STATION SATGHARA, OKARA and another
This matter comes before the Lahore High Court via a constitutional petition seeking the recovery of alleged detenues. The core legal question concerns the extent of police obligations under a habeas corpus or recovery petition when previous attempts to locate missing persons have failed. The court held that where multiple attempts to recover the alleged detenues from various locations have proved unsuccessful, the police cannot be expected to engage in a fruitless search, and the appropriate course of action is for the police to record the petitioner's statement regarding the disappearance and proceed according to law. The key principle laid down is that the police are not required to pursue endless or speculative searches upon failure of initial recovery efforts, but must instead formally record the grievance and act in accordance with the law.
- Can the police be compelled to continue searching for alleged detenues after multiple recovery attempts have failed?
- What is the appropriate procedure for the police to follow when initial attempts to recover alleged detenues prove unsuccessful?
ORDER
UMAR ATA BANDIAL, J.--- Report of respondent No,1 discloses that three attempts have been made by the respondents Nos.1 & 2 to recover the alleged detenues from three different locations but in vain. It is beyond the ambit of this petition for the police to go on a wild goose chase. The respondent No,1 shall record the statement of the petitioner as to the disappearance of the alleged detenues and take action thereon in accordance with law.
2. Disposed of.