MUHAMMAD AKRAM Versus TALLAT MAHMOOD, SUB-INSPECTOR, NCHARGE

ORDER

The present habeas corpus petition is in respect of the detenus, Muhammad Ashraf son of Rehmat Ali and Muhammad Shafique son of Muhammad Shar.

2. Pursuant to the order, dated 27-9-1993 the bailiff has produced the said detenus in the Court and submitted his report, which is to the effect that whereas detenu Muhammad Ashraf was found sitting on the ground near the chair of Zulfiqar Ali, A.S.I., Muhammad Shafique detenu was sitting on a mat in the compound of Police Post Moongi Bungalow and his left leg was fastened with the other end being tied to a cot. The report further states that both the detenus informed that they had been tortured, whereas detenu Muhammad Shafique showed the marks of violence on his left arm and near the right knee. The report further states that the bailiff was informed by Zulfiqar Ali, A.S.I. that Tallat Muhammad, S.I. alongwith Muhammad Ismail and Shah Muhammad, Constables had brought Muhammad Shafique detenu about 10/12 days earlier, whereas Muhammad Ashraf detenu had come there before his arrival. The report further states that there was no entry in the Roznamcha about the detenus, Muhammad Ashraf and Muhammad Shafique, having been taken into custody, either at Police Post Moongi Bungalow nor at Police Station Saddar Gojra, nor were the detenus required in any case registered at the said Police Post/Station.

3. Muhammad Ashraf detenu submitted that he had been taken into custody by Muhammad Ismail and Shah Muhammad, Constables from his house on 13-9-1993 and that ever since he has been confined and tortured by the police.

Muhammad Shafique detenu stated that he had only been produced before the police yesterday i.e. 27-9-1993 at 5-00 p.m. and that nobody had arrested him from his house. Further submitted that Baba Mubarik Ali had suspected him and the other detenu of theft and had complained to the police in that respect and that, therefore, he was produced before the police.

4. On a question by the Court, the detenu, Muhammad Shafique, denied having informed the bailiff that he had been tortured by the police or that he had the marks of violence on his left arm or near the right knee, but on inspection, marks were visible on the said spots of his body.

Zulfiqar Ali, A.S.I. contradicted what has been attributed to him in the Bailiff's report to the effect that he had informed the Bailiff that Muhammad Ismail and Shah Muhammad, Constables had brought Muhammad Shafique detenu 10/12 days earlier and submitted that, in fact, Muhammad Shafique had been produced before the police by one Nazir Fouji. Constables Muhammad Ismail and Shah Muhammad denied having taken the detenus into custody from their house. Tallat Mahmood, S.I. submitted that he had no knowledge about the detenus being taken into custody and further submitted that he had come to know about their presence with the police on coming back to the police post at around 9-30 p.m. Further submitted that the S.H.O. Police Station Saddar Gojra had marked an application to him for necessary action, submitted by one Mubarik Ali.

6. However, the Court is constrained to observe that the manner in which all the police officials, present before the Court, have recorded their statements leave a great deal to the desired, that instead of coming to the point all of them tried to first invoke the mercy of God to establish their being very truthful or like Tallat Mahmood S.I., who had taken upon himself to go into extraneous details before finally being brought to deal with the question about the presence of the dctenus before the police.

7. Therefore, it is hereby directed that a copy of the present petition alongwith the orders passed herein shall be sent to the Superintendent of Police, Toba Tek Singh, with the direction that he shall cause an inquiry to fee held in the circumstances in which the detenus, Muhammad Ashraf and Muhammad Sharque, have been recovered from the Police Post Moongi Bungalow, under the circumstances highlighted in the Bailiff's report, with the further direction that he shall take any action warranted in accordance with law as a result of the said inquiry with intimation to this Court within three weeks.

8. It is further observed herein that the detenu, Muhammad Shafique, prima facie, seems to be under great deal of pressure, therefore, the said Superintendent of Police is hereby directed to ensure that none of the detenus, and specially Muhammad Shafique, is unnecessarily harassed or subjected to improper or illegal pressure.

9. However, taking into consideration that the detenus Muhammad Ashraf and Muhammad Sharique were neither required in any case nor was their detention by the police in accordance with law, the rue nisi issued herein is hereby made absolute and the present habeas corpus petition is allowed I8 accordingly. The detenus are hereby set at liberty.

10. It is further observed that anything said herein shall not be a bar to the said detenus taking any action warranted in accordance with law against the respondents for their illegal detention as observed above, if advised to do so.

11. In accordance with the terms stated above, the present habeas corpus petition stands disposed of.

N.H.Q./M-1416/L Petition allowed.