Kaneez Fatima vs D.P.O. Faisalabad
The petitioner filed a habeas corpus petition under Section 491 of the Code of Criminal Procedure 1898 for the recovery of her son and another individual, alleging they were illegally abducted and detained by police officials. A court-deputed bailiff recovered the detenues from police custody, where they had been subjected to torture, and uncovered fabricated daily diary entries made by the police to show a belated legal arrest in connection with a dacoity case registered under Section 395 of the Pakistan Penal Code 1860. Noting the suspicious circumstances of the FIR and the implausibility of the complainant's identification of the accused persons from distant localities, the court converted the habeas corpus petition into a bail application. The Lahore High Court held that the guilt of the detenues called for further inquiry into their involvement, and accordingly directed their release on post-arrest bail, establishing that illegal detention and fabricated police records warrant converting habeas proceedings into bail relief when further inquiry is attracted.
- Can a habeas corpus petition be converted into a bail application by the court?
- Whether illegal police detention and fabricated daily diary entries justify granting bail to detenues?
- Does the unexplained identification of accused persons belonging to distant districts in an FIR make their guilt a matter of further inquiry?
- Section 491, Code of Criminal Procedure 1898
- Section 395, Pakistan Penal Code 1860
ORDER
M.A. ZAFAR,. J. --- Kaneez Fatima, the petitioner has filed this petition under Section 491, Cr.P.C for the recovery and production of her son Salah-ud-Din and Amir detenues from the custody of respondent No. 2.
2. According to the allegation on 18.6.2009 at- about 6/7.00 p.m. The petitioner's husband alongwith detenues were at their stationary shop with the name and style of Baba Asif Stationary Shop situated at Timber Market, Fardoos Chungi Muridkay. The respondent No. 2 SHO P.S. Saddar Jaranwala alongwith SHO Baloochni District Faisalabad on private vehicles alongwith other 15/20 armed persons came at the above-said shop and on gun point forcibly abducted the petitioner's son and when the other shop-keeper objected about high-handedness committed by the police officials. They also took Amir adjoining shop-keeper, a patient of Blood Cancer and Hepatitis, whereas, petitioner husband is almost a blind person and runs shop with the help of his son Salah- ud-Din abductee.
3. A Bailiff was deputed on 23.6.2009 for the recovery and production of the detenues who after recovering them from the custody of respondent No. 2 has produced them in Court and both the detenues state that they are in custody of the police for the last 7/8 days and during the said period torture was committed upon them. According to the report, Abdul Majeed Sl/lncharge Investigation told the Bailiff that the alleged detenues were arrested by him on 23.6.2009 and entered their arrest on the same day vide rapat No. 15 in case F.I.R. No. 506/09, dated 16.6.2009 for offence under Section 395, PPC in which they are nominated accused. It has been further reported in the bailiff report that after checking the daily diary register from the back dates, he found an other entry dated 22.6.2009 vide rapat No. 3 in the hand of Anwar Ali, SI qua the arrest of detenues.
It appears that after getting clue from some corner about the filing of Habeas Corpus petition on 23.6.2009 and order of deputing Bailiff for the recovery of the detenues the police officials in hurly- burly situation in order to cover their mis-deeds entered the arrest of the detenues in the daily diary on two places, one on 22.6.2009 and an other on 23.6.2009. So in this view of the matter I treated this Habeas Corpus as bail application. Heard the arguments and fixed the case for the announcement of the orders on 29.6.2009 with the direction to keep both the detenues meanwhile at District Jail, Lahore. .
4.I have gone through the contents of F.I.R. In which both the detenues have been named as an accused alongwith five others with the allegation that they committed dacoity and after snatching the gold ornaments valuing Rs.
4,42,000/- they escaped from the spot. Complainant is resident of 29 GB Police Station Saddar Jaranwala, whereas, amongst accused named by him, one belongs to check No. 100 JB Nishat Abad another from District Sheikhupura, two from Lahore and one from village 67-JB, 6th Samar Market Mureedkay and 7th resident of Ghafoor Town, Faisalabad. It is not understandable how the complainant came to the know about the names of the accused with their parentage and residences when the parties were not known to each other previously. It appears that police has registered a false case and involved the accused resident of different places/Districts by name having previous record to extract money from them. The guilt of the detenues qua their involvement is a matter of further inquiry. Therefore, by accepting this petition, I direct that both the detenues namely Salah-ud-Din s/o Asif Ali Caste Jutt, no Tumber Market, Mureedkay and Muhammad Amir s/o Maqbool Ahmed Caste Bhatti no Tariq Road Abdullah Street, Sheikhupura may be released on bai| by Superintendent District Jail, Lahore where they are confined in pursuance of order dated 24.6.2009 subject to their furnishing bail bonds in the sum of Rs. 25,000/- each with one surety each in the like amount to the satisfaction of DR (Judl) of this Court.