GHULAM MUSTAFA Versus S.H.O., POLICE STATION ZAHIR PIR DISTRICT RAHIMYAR KHAN

ORDER

The report submitted by the bailiff reveals that Muhammad Ajmal detenu was found in the gallery of a room of police station in handcuff and fetters. The Roznamcha does not contain entry relating to the arrest of the detenu. The detenu states that he was taken into custody about 20 days ago which fact is also mentioned in the report of bailiff. He also makes complaint of torture by S.H.O.

2. The S.H.O. denies the contents of the report stating that detenu being required in case F.I.R. No.198/96 registered under section 458/380, P.P.C. on the report lodged by Haji Ghulam Nabi was taken into custody on 11-12-1996 at 4 p.m. Keeping in view the report of bailiff and the statement of detenu, the bare denial of S.H.O. is not sufficient to accept that detenu was taken into custody shortly before the visit of bailiff.

3. Let a copy of this petition alongwith the report of bailiff be sent to S.S.P., Rahim Yar Khan who looking into the conduct of S.H.O. shall conduct an inquiry into the matter and ascertain the correct position. The allegation of illegal detention with torture and making police station as private jail curtailing the liberty of citizen if found correct shall proceed against the S.H.O. and other, police officials involved in the case and fix their liability for departmental action under the Police Rules in addition to the criminal liability if any. The report of the action taken by S.S.P. shall be submitted to the Deputy Registrar of this Court within 15 days.

4. Muhammad Ajmal detenu is set at liberty. He may if so advised proceed against the S.H.O. separately through a private complaint. However, this order will not affect the investigation of the case by the S.H.O. With the above observation this petition stands disposed of.

N.H.Q./G-32/L Petition accepted.