Allah Ditta vs S.H.O.,Etc.
This matter concerns a habeas corpus petition regarding the illegal detention and torture of a detenu by police officials. The core legal question was whether the detention of the individual, who was held without any registered F.I.R. or legal justification, violated his fundamental rights. Upon the recovery of the detenu by a Court Bailiff, it was established that he had been held in chains, subjected to severe physical torture, and denied basic necessities by the S.H.O. and other police officers. The Court held that the detention was prima facie illegal and unjustified. Consequently, the Court granted the detenu interim protective bail in a separate case to allow him to approach the appropriate forum. Furthermore, the Court directed the District Police Officer, Sheikhupura, to conduct a detailed inquiry into the illegal confinement and torture by the delinquent officers, to be led by an officer not below the rank of Superintendent of Police. The Court also ordered a medical examination of the detenu and affirmed his right to initiate criminal proceedings against the responsible officials.
- Can a court grant interim protective bail to a detenu recovered from illegal police custody?
- Does the failure to record an arrest in the police record render the detention illegal?
- Is a court empowered to order an inquiry by a senior police officer into allegations of custodial torture?
- Can a court direct a medical examination of a detenu who alleges torture in police custody?
- Section 395, Pakistan Penal Code 1860
- Section 397, Pakistan Penal Code 1860
ORDER
ALI BAQAR NAJAFI, J. - In compliance of order dated 01.06.2012 the detenu has been produced by the Bailiff of this Court and the detenu stated as under:- "I was employed by the SHO as peon and was working with him for the last about two months.
When I demanded my salary he abused me, SHO ordered Rukan Alam, ASI to detain me, who severely beaten upon my body and thereafter I was locked inside the lock-up. SHO and aforesaid Rukan Alam also severely beaten me with Dandas. He further stated that SHO asked me that if he demanded salary he will be done to death in encounter. The SHO even did not allow me to drink water."
2. The report of the Bailiff reveals that the detenu was taken from inside the police station.
There was no entry of his arrest mentioned in the record. The said detenu was arrested by Rukan Alam, ASI.
Neither F.I.R, was registered against the detenu nor he was required in any case. He was also found in chains which were tied on his left wrist with a China lock and the detenu was tortured. His feet are swollen. As per statement of detenu coupled with the report of the Bailiff of this Court Muhammad Aslam, ASI and Bashir Ahmad, S.I. Tortured the detenu time and again. He was arrested by the police 7/8 days of his recovery.
3. In view of the report submitted by Bailiff of this Court, prima facie the detenu was illegally detained by the SHO of the Police Station and Rukan Alam, ASI, Muhammad Islam, ASI and Bashir Ahmad, S.I,4. Supplementary statement of the complainant of case F.I.R. No. 71 of 2012, under Sections 395/397, P.P.C, registered at Police Station Khanqa Dogran, District Sheikhupura is apparently an effort to justify detention of detenu, In this view of the matter and keeping in view the arrest shown by the police at Chowki of the said Police Station, I admit the detenu to interim protective bail in case F.I.R. No. 71 of 2012, under Section 395/397, P.P.C, registered at Police Station Khanqa Dogran, District Sheikhupura till 14.06.2012 subject to his furnishing bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court to enable him to approach the Court concerned for his bail.
Before parting with this order it is appropriate to issue direction to the District Police Officer, Sheikhupura to look into the matter regarding illegal confinement of detenu and the torture allegedly made at the behest of Rikari Alam, ASI, Muhammad Islam, ASI and Bashir, S.I. He is also directed to hold detailed inquiry into their guilt by an officer not below the rank of S.P., who shall also consider the aspect of compensation regarding the period of detention of the detenu for which he was confined and tortured under intimation to the Deputy Registrar (Judicial) of this Court within a fortnight. The learned D.P.G, is directed to get in touch with the Medical Superintendent, Mian Munshi Hospital, Lahore and ensure medical examination of the injured detenu who shall accompany with the Bailiff of this Court. The detenu is at liberty to lodge criminal case against the delinquent after obtaining report of medical examination.