ILYAS MASIH vs Raja ZAFAR IQBAL, S.H.O., POLICE STATION SATRAH, DISTRICT
This matter concerns a habeas corpus petition filed regarding the illegal detention of a citizen by the police. The core legal question was whether the police acted within their lawful authority by detaining an individual in connection with a purely civil dispute involving a monetary claim, absent any cognizable offence or judicial order. The Court found that the police action was entirely illegal and unwarranted, as the underlying dispute was civil in nature and no cognizable offence had been committed. Furthermore, there was no order from any Magistrate or court of law authorizing the police to inquire into the matter. Consequently, the Court ordered the immediate release of the detenu. Additionally, the Court held that the S.H.O. was liable for the illegal act, which caused the citizen unnecessary loss and expense, and ordered the S.H.O. to pay compensation of Rs. 500 to the detenu. The judgment reaffirms that police powers cannot be invoked to coerce parties in civil disputes without legal justification.
- Can the police detain a person in connection with a purely civil dispute involving a monetary claim?
- Does the police have the authority to investigate a matter without a cognizable offence or a judicial order?
- Is a police officer liable to pay compensation for illegal detention of a citizen?
ORDER
1. The bailiff has produced the alleged detenu in Court and has submitted his report. The detenu was found in the police station and when he reached the police station the Moharrar ASI tried to push him out. When questioned Zafar lqbal SHO has stated that on the receipt of the application moved by Mohammad Ashraf to DSP Daska, which has been marked to the police station, he had called the detenu. He was asked to read the application which purely relates to a civil matter between Mohammad Ashraf and the alleged detenu regarding an amount of Rs.32,000. No cognizable offence has been committed even according to the application and so the police could not enter upon the investigation nor there was any order from any Magistrate or Court of Law to inquire into the matter and submit a report. Thus the action initiated by the police is totally illegal and unwarranted. By this illegal act the S.H.O. Has caused loss to a free citizen of the State and driven him to incur expenses to come to Court and to seek his release. In the circumstances, a compensation of Rs. 500 is ordered to be paid to the detenu/petitioner which amount the S.H.O.
2. Has paid in Court. The detenu is set free Disposed of.
Cited by 3 cases
- Tahir Mahmood Gujjar, D.S.P. vs The State etc. 2020 PLD Lahore 703, PLJ 2020 Cr.C. (Lahore) 1026, 2020 LHC 711
- ALI AHMED vs MUHAMMAD YAKOOB ALMANI, DEPUTY'SUPERINTENDENT OF POLICE, QASIMABAD, HYDERABAD and 5 others 1999 PLD Karachi 134
- MAZHARUDDIN vs THE STATE 1998 P Cr. L J 1035