MUHAMMAD ANWAR Versus THE STATE
Muhammad Anwar alias Boota sent an application through post wherein he expressed that he was arrested in case F. I. R. No.177/94 registered at Police Station City Mian Channu under section 457/380, P.P.C. about 1-1/2 years before but he has not been produced in any Court. It is narrated in the application that whenever he has been produced before the Court, the Reader of the Court would pass order and that no challan has been submitted against him. He prayed for his release.
2. The Honourable Senior Judge of this Bench treated the aforesaid application as habeas corpus petition and directed the office to place before this Bench after registering the same in the relevant register.
3. The challan as required under section 173, Cr.P.C. has been submitted before the Area Magistrate by the S.H.O. during the month of November, 1994 wherein Muhammad Anwar alias Boota is not included in the list of the accused persons. In column No.7 the offences as mentioned are under section 215/380/ 411/457, P.P.C. However, in the relevant column incorporated in the said challan indictment no role has been ascribed to Muhammad Anwar alias Boota petitioner.
4. Muhammad Anwar alias Boota was arrested on 20-8-1994 and since then he is detained in the judicial lock-up in Central Jail, Multan. This matter was taken up yesterday when Muhammad Sharif, Sub-Inspector Police Station City Mian Channu appeared and I directed him to convey the direction of this Court that S.H.O. shall appear. In obedience thereto Fida Hussain, Inspector/ S.H.O. Police Station City Mian Channu has appeared. Legally he is competent person to answer the questions, if made to him.
5. Today Fida Hussain, Inspector/S.H.O. has intimated that Muhammad Sharif, Sub-Inspector posted in Police Station Mian Channu submitted the supplementary challan today morning wherein he mentioned Muhammad Anwar alias Boota petitioner as accused under section 215, P.P.C. The said Inspector has intimated that he was posted in Police Station City Mian Channu on 2-2-1995 and that during this period he is not aware about the facts of the case till today.
6. Muhammad Sharif, Sub-Inspector present in Court has scrupulously intimated that it was on 31-10-1995 that the previous S.H.O., Police Station City Mian Channu at present posted as S.-I./S.H.O. Police Station Katcha Khoo, District Khanewal sent supplementary challan to him which he collected and produced the same before Fida Hussain, Inspector/S.H.O. on 31-10-1995. After the resume of the aforesaid facts/circumstances the true picture that emerges is that in the initial challan indictment Muhammad Anwar alias Boota petitioner is not mentioned as accused in the relevant column even though the offence of section 215, P.P.C. is mentioned therein. The preparation of challan by Kamal ud-Din, S.-I./S.H.O. Police Station Katcha Khoo after leaving police station w.e.f. 2-2-1995 is simply over doing on his part to save his skin. Keeping in view the watertight compartment of jurisdiction he can neither investigate the case pertaining to Police Station City Mian Channu nor can prepare interim/final/supplementary challan. Legally the preparation of supplementary challan and its handing over on 31-10-1995 by Kamal-ud-Din S.-I./S.H.O., Police Station Katcha Khoo to Muhammad Sharif, Sub-Inspector Police Station City Mian Channu is simply an abuse of process of law and an exercise in futility. The same has no legal effect and Fida Hussain, Inspector shall return the same to Kamal-ud-Din, S.-I./S.H.O. Police Station Katcha Khoo. It is simply a waste paper. I can proceed against Kamal-ud-Din, S.-I./S.H.O. but I refrain myself because he is stated to be a person of advanced age.
7. The present position is that in the challan indictment Muhammad Anwar alias Boota petitioner is not mentioned as an accused even though he was arrested on 20-8-1994 in the relevant case F.I.R. No.177, dated 11-6-1994 registered at Police Station City Mian Channu, District Khanewal under section 457/380, P.P.C. He is not the accused of the case. At present his detention in the judicial lock-up in Central Jail, Multan is held to be illegal and improper and he is declared as a detenu who is entitled to, be released and to go to a place of his own choice. Another aspect of the matter which cannot be lost sight of has to be mentioned at this stage. The maximum punishment for an offence under section 215, P.P.C. for which supplementary challan has been illegally prepared is two years. This petitioner was arrested on 20-8-1994 and today is 2-11-1995. In this way his continuous detention is one year two months and fourteen days. It is not just and fair that Muhammad Anwar alias Boota petitioner is further detained on the basis of registration of the case and it is made clear in this order that no supplementary challan shall be submitted against him by the police concerned. His detention not only is violative of the law, the same also offends human rights.
8. Muhammad Anwar alias Boota petitioner has been declared as detenu who has been released. He can go to a place of his own choice. He has been administered a word of advice that he should bow before Almighty God and should forget past. He should start his life as a gentle man.
N.H.Q./M-2642/L Petition accepted.