MUHAMMAD BAKHSH Versus S.H.O.

ORDER

Muhammad Bakhsh filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for the recovery of Mehar Hussain, Nazir Ahmad and Rab Nawaz alias Rabboo from the alleged illegal arid improper custody of the S.H.0,, Police Station Liatjatpur and Munir Ahmad, A.S.-I. Police Station Liaqatpur. A bailiff was deputed yesterday for the recovery of the aforesaid detenus, he reached there and has Submitted his report. According to his report he reached Police Station Liaqatpur on 18'-7-1995 at 4-30 p.m. He introduced himself to the Moharrir Thana. He searched for the alleged detenus, Mehar Hussain, Nazir Ahmad and Rab Nawaz alias Rabboo were detained in the lock-up, of Police Station Liaqatpur. They were identified by Muhammad Bakhsh writ petitioner, lie made a perusal of the Daily Diary, Against all the three detenus there was no entry about their arrest in the Daily Diary, Munir Ahmad, A.S.-I. intimated the bailiff that the three detenus were in Police Station Liaqatpur in connection with' the investigation of case F.I.R. No. 197, dated 6-7-1995 registered under section 364/302, P.P.C. wherein the Accused were not named.

2. The picture which has emerged from a perusal of the report of the bailiff is that no criminal case had been registered against the detenus and also no arrest report was found in' black and white in the Daily Diary of Police Station Liaqatpur regarding them. These facts are admitted by the Police Officers.

3. The Police Officers Have taken up the stand that the detenus were joined, in investigation of case F.I.R. No.197, dated 6-7-1995 registered at Police Station Liaqatpur under section 364/302, P:P.C. They have pleaded, that it was hardly two hours before the arrival of the bailiff that they reached Police Station E Liaqatpur and they were to be put to the interrogation when the bailiff had arrived there. According to the detenus they were being illegally and improperly detained for the last 12 days. All the three detenus have shown injuries on their, bodies which according to them have been received by them at the hands of the police within the precinct of Police Station Liaqatpur. In this view of the matter it cannot be accepted that the detenus reached Police Station Liaqatpur hardly two hours before the arrival of the bailiff and their recovery. Since detenus namely Mehar Hussain. Nazir Ahmad and Rab Nawaz alias Rabboo have not been arrested lawfully in any criminal case, therefore, their detention at Police Station Liaqatpur, District Rahimyar Khan is hereby declared as illegal and consequently they are set at liberty:

4, All the three detenus have complained that they have been given severe beating by the police within the precinct of Police Station Liaqatpur, Since the police is involved as a party about the infliction of the injuries, the Deputy Registrar of this Court shall convey the direction in the Medical Superintendent, B.V. Hospital, Bahawalpur for their examination by the Standing Board constituted under his administrative control. The order for the medical examination of detenus at Bahawalpur is' being passed as Rahimyar Khan is at a considerable distance of about 185 K.Ms, and it is better that the medical examination is got conducted immediately.

5. Both the Police Officers were asked as to why they should not be burdened with costs for keeping the detenus in wrongful confinement. According to them the detenus were being interrogated in a criminal case, I have declared the arrest of all the three detenus and their detention as illegal and have passed the order for sensing them at liberty. Illegal detention of citizens by the police has become an order of the day. It is a common complaint these days that the police whose duty is to protect the life and liberty of the citizens is itself frequently indulging and usurping the liberty of the citizens. It is violative of law, justice and fair play to deprive a person of his liberty. It is a serious matter and no exception can be taken thereto. The illiterate poor persons in rural society need the protection of this Court. To deprive a person of his liberty particularly in an Islamic State is a detestable, misdeed arid such an action of Police Officer should not be ignored who must be burdened with costs as held in Alamgir v. S.H.O., Model Town, Lahore 1983 PCr.LJ 76, Abdul Qayyum v, S.H.O., Police Station Shalimar, Lahore 1993 PCr.LJ 91; and Abdul Majid v. S.H.O., Police Station Rohilanwali, District Muzaffargarh 1995 PCr.LJ 1209. As such each of Muhammad Siddique Inspector/S.H.O. and Whir Ahmad, A.S.-I. both posted in Police Station Liaqatpur, District Rahimyar Khan are directed to pay costs in the sum, of Rs.1,000 to each of the detenus namely Mehar Hussain, Nazir Ahmad and Rab Nawaz alias Rabboo. They are directed to pay the aforesaid amount of costs on 25-7-1995 in the Court on which date they shall appear personally to do the needful failing which the penal action shall be taken against them and the recovery of the amount shall be effected from them as arrears of land revenue.

N.H.Q./M-2513/L ?????????????????????????????????????????????????????????????????????????????? Petition allowed.