SHAMA Versus S.H.O., POLICE STATION LANGRANA

Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 a prayer was made for recovery of Mst. Jannat Bibi, Mopal, Mst. Sabira, Mst. Jawai and Mst. Manat aged 7/8 years of Mst. Sumera aged 4/5 years, Mst. Basri aged 3/4 years, Mst. Maafi aged 2/3 years the minor daughters of Mst. Jawai illegally detained by respondents Nos.l and 2 at Police Post Gag Chowk, Tehsil Chiniot, District Jhang . The allegations were that A.S.I. Ata Ullah, Incharge Police Post, Gag Chowk as also his colleagues had stolen one Kangan weight 1-1/4 Tolas of gold, 7/8 Tolas of silver, 3 bed-sheets and quilts as also Rs.700 in cash from the house of Shama petitioner. He had taken into custody all the alleged detenus after making an illegal entry into the house of the petitioner and was perpetuating such custody at the police post without the registration of any case against any one of the alleged detenus.

2. Notice was issued to the respondents in this case with a direction to respondent No.l/S.H.O., Police Station, Langrana to produce the detenus in Court alongwith his written statement to the petition. On 8-12-1993, a direction, for repeating the process in terms of order, dated 5-12-1993, was made in that the notices issued to the respondents had not been received back, served or unserved by 8-12-1993. D.I.-G., Faisalabad was also directed to look into the matter, hold a discrete inquiry into the allegations levelled against S.H.O. Police Station, Langrana and A.S.I., Police Post Gag Chowk in relation to the detenus and submit his report on the said date. Requisite report was received in Court on 15-12-1993 and case adjourned to today for further proceedings as the learned counsel for the petitioner was not available at the time when the case was called then.

3. I have heard the learned counsel for the petitioner at some length and have also perused the report submitted by D.I.-G., Faisalabad. Learned counsel for the petitioner has reiterated the pleas raised on behalf of the petitioner in this petition that all the detenus were taken into custody on 4-12-1993 and that the articles and hard-cash, detailed in the petition and referred to in order, dated 5-12-1993, were in fact stolen by the named police officials. According to him, the respondent-Incharge, Police Post Gag Chowk had released all other detenus except Mst. Jannat Bibi, Mst. Sabira and Mst. Jawai, who were removed to some unknown place after obtaining the information that the petitioner has made a grouse regarding the illegal acts committed by him on 4-12-1993 through this petition, which was moved on 5-12-1993. He further states that during the interregnum the afore-referred Mst. Jannat Bibi, Mst. Sabira and Mst. Jawai have obtained bail from Illaqa Magistrate, Chiniot in case under section 216, P.P.C. registered at Police Station Langrana vide F.I.R. No.132 on 7-12-1993. The plea is that the commission of the offences on 4-12-1993 had preceded the registration of the case under section 216, P.P.C. and, therefore, registration of a criminal case for illegal detention and commission of offences under sections 352 and 379, P.P.C., is called for. The report, however, presents a different spectacle. The allegations levelled by the petitioner against the police officials were repelled therein and the action taken by the local police on 7-12-1993 has the support of the details of facts leading to the registration of the case vide F.I.R. No.132, dated 7-12-1993, and suffer from no infirmity. It was specifically mentioned that raid was conducted on the house of the petitioner on 7-12-1993 with a view to effecting arrest of one Muhammad Iqbal, a proclaimed offender, who, according to the information of the local police, was hiding in the house of Shama petitioner. Accused women, namely, Mst. Jannat Bibi, Mst. Sahib Bibi. and Mst. Allah Jawai were arrested while proclaimed offender Muhammad Iqbal made good his escape. The arrested women were kept in female lock-up of police station and produced in the Court of Illaqa Magistrate on the succeeding date. The petitioner as well as the said proclaimed offender are still at large.

4. The position that remains uncontroverted is that alleged detenues, namely, Mst. Mopal, Mst. Mannat, Mst. Basri and Mst. Maafi were not taken into custody at any point of time. As regards Mst. Jannat, Mst. Sabira and Mst. Jawai the report states in unambiguous terms that they were arrested on 7-12-1993 in case F.I.R. No.132 and produced before the Illaqa Magistrate on 8-12-1993. Their custody with the police can hardly be termed as illegal or improper. The further fact that they are on bail and that the petitioner as well I as Muhammad Iqbal proclaimed offender are still at large need not be commented upon any further. Suffice it to say that the instant petition was the result of mala rides on the part of the petitioner with a view to forestalling action of the local police to affect the arrest of Muhammad Iqbal proclaimed offender from the house of the former. No ground for issuing the writ/order prayed for has been made out. The petition is accordingly dismissed with no order as to costs.

N.H.Q./S-423/L Petition dismissed.