QASIR JAVED vs S.H.O., POLICE STATION SADDAR JHELUM and another
This matter arose from a habeas corpus petition seeking the recovery of two detenus allegedly held in illegal custody by the police. The core legal question was whether the detenus were subjected to unlawful detention and whether protective bail could be granted to enable them to approach the court of competent jurisdiction. Upon a raid conducted by the court-appointed Bailiff, the detenus were found chained and handcuffed at a police post without any entry of their detention in the local daily diary (Roznamcha), although the police subsequently claimed their arrest in connection with a registered criminal case. The Lahore High Court held that the detenus were kept under illegal detention. Consequently, the Court directed the District Police Officer to initiate disciplinary proceedings against the delinquent police officers and granted protective bail to both detenus for a limited period to allow them to approach the relevant court for appropriate relief.
- Whether the confinement of individuals in a police post without any entry in the local daily diary constitutes illegal detention?
- Can the High Court grant protective bail to detenus recovered from illegal police custody to enable them to approach the court of competent jurisdiction?
- What action should be directed against police officials found keeping citizens in unauthorized and undocumented custody?
- Section 460, Pakistan Penal Code 1860
ORDER
' ASAD MUNIR, J.--- Detenus have been produced and report has been submitted by the Bailiff.
2. According to the Bailiff report, when he raided Police Post Kala Gujran, District Jhelum, at 4-30 p.m. On 15-10-2009, Mushtaq Ahmad detenu son of Munawar Hussain was found chained with a cot while other detenu namely Ali Ahmad son of Muhammad was found in hand-uffs and fetters.
Roznamcha of Police Post was also taken into possession by the Bailiff which does not include names of the two detenus. Muhammad Ishaque Incharge Police Post told the Bailiff that there is no mention of the detenus in the Roznamcha kept in the Police Post but that the two detenus are mentioned in the Roznamcha maintained at Police Station Sadar, Jhelum wherein it is stated that two detenus have been arrested in F.I.R. No,444 dated 24-9-2009 under section 460, P.P.C. In the meantime Tahir Bashir DSP and Irfan Jilani, Incharge Police Station Sadar Jhelum arrived there who handed over copy of the F.I.R. No,444 dated 24-9-2009 and copy of Rapt No,12 dated 15-10-2009 showing that the arrest of the detenus was made on 15-10-2009. There is no mention of the detenus in the said F.I.R. Both the detenus told the Bailiff that they have been detained in the Police Post since 12-10-2009.
3. It is evident from police record and also from the Bailiff report that both the above said detenus were kept under illegal detention by the Police of Police Post Kala Gujran, District Jhelum.
4. Let copy of this petition along with the order of even date be sent to DPO, Jhelum who shall look into the matter thoroughly and shall initiate the proceedings against the delinquent (s) under intimation to this Court within a fortnight.
5. In the meantime both the detenus namely Ali Ahmad and Mushtaq Ahmad are granted protective bail in all the offences alleged against them in F.I.R. No,444 of 2009 subject to furnishing their bail bonds in the Rs,25,000 each with two sureties each in the like amount to the satisfaction of Deputy Registrar (J) of this Court till 23-10-2009 enabling them to approach the relevant Court.
Thereafter this order shall expire automatically.