MST. FATIMA BIBI Versus MUHAMMAD IQBAL Faiz Muhammad Bhatti , MUHAMMAD IQBAL

ORDER

1. The report of the bailiff has been perused and the aforesaid report establishes the following facts.

(1) That no Rozenamcha was lying in the police station at the time of the visit of the bailiff.

(2) Moharrir was not present there.

(3) The detenues were found under arrest without any entry in the Rozenamcha.

2. Mr. Iqbal, S.I. has frankly submitted that due to his pre‑occupation in the election, he could not make an entry in the Roznamcha and he had obtained the remand to justify the detention of the detenues. The S.I. further submitted that the detenues were required in at least 52 cases of theft and dacoity and according to the police officer, the detnus had made certain disclosures. I am not convinced with the truth of the allegation that only for the last six days, the detenues were in custody. This method to justify the detention has been innovated on the basis of list of untraced cases. This is usual method with the police to arrest any one under section 54 of the Criminal Procedure Code and then to make him to join the investigation into the untraced cases. Any way, this subject will be dealt with at the proper time.

3. Mst. Sakina detenu has not been recovered. Mr. Iqbal, S.I. had also taken the bailiff to his own house where it was alleged that Mst. Sakina was detained. According to the report of the bailiff, Mst. Sakina was not found in the house of Mr. Iqbal, S. I., though, his family members were there. It is vehemently argued by the learned counsel for the petitioner that Mst. Sakina has been removed elsewhere by Muhammad Iqbal, S.I. Again, I am not prepared to believe it because Muhammad Iqbal, S.I. had taken the bailiff to his own house and Mst. Sakina was not found there. Both the police officers said that Mst. Sakina is with the detenues and if time be given, they would recover Mst. Sakina from the petitioner and the detenues.

4. In view of the disappearance of Mst. Sakina, I will direct that a case under section 364, P.P.C. shall be registered at Sharqpur Police Station and the investigation be carried on and the detenues shall also join the investigation into the aforesaid cases. Since the detention of the detenues prima facie is without any legal justification, therefore, I set them at liberty but they are directed to join the investigation into the disappearance of Mst. Sakina.

5. M.Y.H./F‑46/L Petition allowed.