ABDUL MAJEED Versus SHAHBAZ HUSSAIN, S.H.O.
This application under section 491, Cr.P.C. was filed by Abdul Majid petitioner for the recovery of Noor Muhammad, Rashid Ahmad, Haji, Billa and Allah Bakhsh from the alleged illegal and improper custody of Abdul Rashid, Incharge Police Post Feroza, Police Station Pacca Larran, District Rahimyarkhan. It is mentioned in the petition that without any legal justification the aforesaid Police Officer was detaining the aforesaid persons in the precinct of Police Post Feroza. This petition was supported by an affidavit. A bailiff was deputed to immediately reach Police Post Feroza and thereafter Police Station Pacca Larran, District Rahimyarkhan for the recovery of the aforesaid persons. Muhammad Jamil, bailiff reached Police Post Feroza wherein the aforesaid persons were present. The Daily Diary of Police Post Feroza was taken into possession according to which the arrest of aforesaid five persons was not shown. The bailiff was intimated by the Moharrar that no criminal case had been registered against the aforesaid persons. In the report of the bailiff it is mentioned that Haji detenu arrived from outside who intimated him that he was present in the Police Post since the previous day and had gone out to bring some persons who had to take part in some Panchaiyat. He was also intimated that five persons were called by the Police as one Muhammad Siddique had made an application against them that they were digging the ' Khaal' without legal justification. The matter is very short and clear. All the five persons have been arrested unlawfully. Their arrest admittedly is not shown in the Daily Diary of Police Post Feroza or Police Station Pacca Larran which was afterwards visited A by Muhammad Jamil bailiff. As such the detention of the aforesaid five persons namely Noor Muhammad, Rashid Ahmad, Haji, Billa and Allah Bakhsh is declared as illegal and consequently they are set at liberty.
2. During these days a common complaint is being made against the Police Officers that they usurp the liberty of the citizens. In an Islamic State it is a serious matter and no exception can be taken thereto especially when it is the duty of the Police to protect the life and liberty of the citizens. The reliance in this regard is placed on Abdul Qayyum v. S.H.O., Police Station Shalimar. Lahore 1993 PCr.LJ 91 and Abdul Majid v. S.H.O., Police Station Rohilanwali, District Muzaffargarh 1995 PCr.LJ 1209. The detenus were released today and this Court found that they had not been belaboured. In this view of the matter direct Abdul Rashid, Sub‑Inspector Incharge, Police Post Feroza Police Station Pacca Larran to pay token fine of Rs.100 as compensation to each of the five released detenus namely Noor Muhammad, Rashid Ahmad, Haji, Billa and Allah Bakhsh. He has paid the total amount of Rs.500 i.e. Rs.100 to each of the released detenus. Abdul Rashid, Sub‑Inspector has also been warned to be careful in future towards the released detenus in particular and public in general. He has apologised and begged pardon. According to him he is to be promoted as Inspector very soon. He is advised to improve his working. Shahbaz Hussain, Inspector/S.H.O. has also been advised to show a better control upon his subordinates.
N.H.Q./A.857/L Petition accepted.