MUHAMMAD YASIN Versus S.H.O, P.S. NAULAKHA Abdul Shakoor Chaudhry , Nemo

This is a constitutional petition filed by Muhammad Yasin, petitioner, for a direction from this Court to compel the S.H.O. Police Station Naulakha, Lahore, to register a criminal case against Muhammad Yousaf Inspector and Wali Muhammad S.I., C.I.A. Staff Lahore, under section 342, P.P.C.

2. The brief facts of the case are that in a habeas corpus petition (Criminal Miscellaneous No. 41/H of 1987) I had found that prima facie Liquat Ali, detenu, had been illegally detained by Muhammad Yousaf, Inspector/ S.H.O., and Wali Muhammad S.I. of C.I.A. Staff, Lahore, from 13‑1‑1987 to 2‑2‑1987. I had accordingly directed the S.S.P. Lahore, to cause an inquiry to be made in this matter and in case he found, that the said detenu was illegally detained, to take such action in the matter as he deemed fit. The Senior Superintendent of Police, Lahore, vide his letter, dated 2‑11‑1987 addressed to the O . S. D . (Judl.) of this Court has submitted that inquiry was got conducted through the Superintendent of Police, City Division, Lahore, who found that there was no justification for the C. I . A . Staff, Lahore, to keep the alleged detenu in their custody without showing formal arrest, but it was done without mala fide and in the best interest of justice. The letter shows that the Senior Superintendent of Police has not directed the registration of any case against the guilty Officers. Being aggrieved by the attitude of the Senior Superintendent of Police, Muhammad Yasin, petitioner, has filed the present writ petition, requesting that a case be registered against the two Officers who were prima facie found guilty of illegally detaining Liaquat Ali, detenu.

3. Notice for today's date of hearing has been served on the respondents. Nobody has turned up on his behalf.

4. In the habeas corpus Petition (Criminal Miscellaneous No. 41/H of 1987) I had prima facie found that Liaquat Ali, detenu, was illegally detained by Muhammad Yousaf Inspector/S.H.O. and Wali Muhammad S.I. of C.I.A. Staff, Lahore from 13‑1‑1987 to 2‑2‑1987. Notwithstanding an inquiry conducted by the Senior Superintendent of Police, Lahore, no action has been taken by him against the said Officers. The law does not permit police officers to illegally detain persons against whom they have reasonable grounds to believe that they are criminally liable, without formally showing their arrest in the police diary. I would, therefore, direct the S.H.O., Police Station Naulakha, Lahore, to register a case against Muhammad Yousar Inspector/ S. H. O. and Wali Muhammad S.I. of C.I.A. Staff, Lahore under section 342, P.P.C. in respect of the illegal detention of Liaquat Ali, detenu, from 13‑1‑1987 to 2‑2‑1987. The petitioner, with his Legal Advisor, shall appear before the S.H.O. Police Station Naulakha, Lahore, with a copy of this order and the said Police Officer shall ensure that the F.I.R. is lodged on the statement of the petitioner.

S.G.D./M‑511/L Order accordingly.