ABDULLAH vs S.H.O.
This matter arises from a habeas corpus petition seeking the recovery of the detenu, Shemsher Ali alias Shamas Din, who was recovered from an unrecorded police lock-up by a court-appointed bailiff. The core legal question concerned the legality of the detenu's arrest and detention, which was alleged to be mala fide and linked to earlier litigation and criminal cases registered against police officials pursuant to court orders. The Lahore High Court held that the arrest and confinement were prima facie illegal, unlawful, and wrongful, noting that the arrest was not entered in the police record at the time of the bailiff's visit and was shown only after the habeas corpus petition was entertained. The Court laid down that unrecorded police detentions and arrests made without entering the same in official records are illegal, entitling the detenu to immediate release on bail, and directing departmental and penal action against the responsible police officer.
- Whether the detention of a person in a police lock-up without recording their arrest in the police record is illegal?
- Can a court grant bail to a detenu in a pending criminal case when their initial arrest and confinement are found to be wrongful and illegal?
- What action can be ordered against a police officer responsible for the wrongful arrest and unrecorded confinement of a detenu?
- Section 392, Pakistan Penal Code 1860
- Section 382, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 506/147/140, Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
ORDER
' The detenu Shemsher Ali alias Shamas Din son of Sultan has been produced before this Court by the bailiff after having been recovered from the police lock-up of Police Station Saddar Chiniot, District Jhang.
2. According to the report of the bailiff, the arrest of the petitioner had not been entered in the police record.
3. The learned counsel for the petitioner has stated that the arrest and detention of the detenu was mala fide inasmuch as a criminal case F.I.R. No,22 of 1997, dated 20-7-1997 under sections 392, 382, 452 and 506/147/140, P.P.C. Registered at Police Station Sahiwal District Sargodha against the police officers/officials as well as private persons in regard to the dacoit committed by them. The learned counsel further pointed out that the aforesaid case was registered pursuant to order, dated 25-6- 1997 passed by the then Honorable Chief Justice in Writ Petition No,14755 of 1997 which writ petition was filed by the petitioner. Another Writ Petition No,27425 of 1997 was disposed of by order, dated 7- 11-1997 of this Court with certain directions to the D.S.P. Jhang for the impartial investigation of the said F.I.R.
4. M. Iqbal, A.S.I. Present in Court states that he had arrested the detenu on 26-5-1999 Who was produced before the Court of Map Magistrate on 27-5-1999 and the detenu was on police remand till 4-6-1999. He is involved in case. F.I.R. No,783 of 1994, dated 14-10-1994 under section 379, P.P.C.
Registered at Police A Station Sadar Jhang, the investigation whereof was transferred to the Police Station Sadar Chiniot, District Jhang.
5. I find that the detenu is not named in the F.I.R. His name was entered as accused in Zimni No,44, dated 10-11-1996 by the Police Station Sadar Jhang. The arrest of the detenu was shown after I had already entertained the present petition with the direction to issue process and prima facie after the bailiff had visited the police station. No record of the arrest and confinement of the detenu was shown or produced to the bailiff at the relevant time.
6. The detent present in Court states that he had been arrested by M. Iqbal A.S.-I. On 4-5-1999.
Prima facie the arrest and detention of the petitioner is illegal 'unlawful and wrongful. He is granted bail in case F.I.R. No,783 of 1994 provided he furnishes his personal bond in the sum of Rs,50 only to the satisfaction of the Deputy Registrar (Judicial) of this Court till 23-6-1999 so as to enable him to move the appropriate Court.
7. The Senior Superintendent of Police, Jhang is directed to take an immediate appropriate disciplinary as well as penal action as may be warranted by the facts and circumstances of this case against Muhammad Iqbal A.S.-I. For the alleged wrongful arrest and confinement of the detenu under intimation to the Deputy Registrar (Judicial) of this Court within a period of one month.
8. This petition is allowed in the above terms. The amount of security shall be 'C refunded to the petitioner.