ALLAH BAKHSH Versus THE STATE
ORDER
Regarding an incident in which the complainant's face was blackened and articles belonging to him were taken away by the police and their associates, a case was got registered with utmost difficulty. It transpires that judicial inquiry was also conducted in which Khuda Bakhsh Sub-Inspector and Nazir Ahmad A.S.I. and few constables were found guilty for trespassing, manhandling and blackening the face of the complainant and also for committing theft. The circumstances of the case further reveal that in pursuance of registration of a case with regard to this incident, the investigation was conducted and surprisingly Khuda Bakhsh S. I. Nazir Ahmad A. S. I. and constable have been found to be innocent.
2. The A.S.1. Farooq, is present in Court with record. He has stated. that the investigation is complete and the case is likely to be submitted to the prosecution branch for its submission to a Court. The circumstance of this case reveal that it is one of the usual ugly situation which is created by the atrocity committed by the police. I am of the view, that,, the attitude of the Courts has also contributed towards the contumacious conduct of police because as a matter of routine, the bails are granted. In this case, Khuda Bakhsh S. I. has only been transferred to Liaqatpur. The question is what remedy is left with the ordinary citizens of this country for the redress of his grievance. The circumstance of this case has compelled me to summon Nasir Khan A. S. P. Rahimyar Khan and the Deputy Inspector-General Bahawalpur alongwith the Investigating Officer to attend this Court on 26th of June, 1985.
3. As far as this bail application is concerned, the petitioner claims to be a `Qaumi Razakar' to whom the police usually invites to join them for the investigations of the cases, such role does not give them the licence to become a part of the illegal activities of the police. As far as the question of the grant of bail before arrest is concerned, the law has been well-settled in the case Murad Khan v. Fazal-e-Subhan and another (P L D 1983 S C 82) according to which, it is essential to establish that the case is mala fide and has been registered with an ulterior motive to disgrace the petitioner. I do not find any merit in this application nor bail before, arrest can be granted in such like cases. This application is, therefore,, dismissed.
The two Constables namely Muhammad Saleem and Noor Ahmad were also allowed pre-arrest bail by this Court. Notice shall be issued to them to show cause as to why the bail granted to them should not be cancelled.
M. A. K. Petition dismissed.