INAYAT ULLAH vs STATION HOUSE OFFICER
This habeas corpus petition was filed following the recovery of a detenu, Zafarullah, by a court-appointed bailiff from Police Station Mananwala. The detenu alleged physical torture, specifically a dislocated shoulder, while in police custody. The investigation revealed that the Sub-Inspector had detained the individual without recording a formal arrest in the daily diary, without producing him before a magistrate for remand, and despite the detenu not being nominated in the original First Information Report. The core legal question concerned the legality of the detention and the police's failure to adhere to procedural safeguards. The Court held that the detention was unlawful and constituted torture. Consequently, the Court ordered the registration of a criminal case against the responsible Sub-Inspector, mandated that the investigation be transferred to a senior officer not below the rank of Deputy Superintendent of Police, and granted the detenu seven days of protective bail to seek pre-arrest bail from the Sessions Court. The judgment reinforces the principle that police cannot detain individuals without legal process, formal recording, and judicial remand.
- Is the detention of an accused person unlawful if the police fail to produce them before a magistrate for remand?
- Can a court order the registration of a criminal case against a police officer for illegal detention and torture during habeas corpus proceedings?
- Is a person entitled to protective bail when they are implicated in a criminal case through a supplementary statement of doubtful veracity?
- Section 457, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
ORDER
' Zafarullah detenu has been produced by the bailiff. According to the report of the bailiff he was found detained in Police Station, Mananwala. He disclosed at the time of recovery that his shoulder has been dislocated by hanging on a rope. The police did not show his arrest or involvement in any criminal case. The Duty Officer Muhammad Tariq, Head Constable on inquiry stated that he does not know anything about the detenu or his involvement. HoWeyer, one Sikandar Hayat, A.S.-I. Stated that Rana Manzoor Ahmad, Sub-Inspector arrested the detenu who was seen by the bailiff in uniform in the Police Station and he slipped away from the main gate in his presence. Bailiff requested to the Duty Officer and other police officials to call Manzoor Ahmad, Sub-Inspector to inquire about the involvement of the detenu or other relevant facts but he did not appear. Let the statement of detenu be recorded.
' Statement of detenu has been recorded on a separate sheet. Manzoor Ahmad, S.-I. States that he took into custody Zafarullah on 22-6-2000 at about 10/11-00 a.m. In case F.I.R. No, 178 of 2000 ' registered at Police Station, Mananwala under section 457/380, P.P.C. And locked him in the Police Station. He did not produce him before the Court to get the remand. The formal arrest was also not recorded in the daily diary or the other relevant record he states that he committed a mistake, for which he may be forgiven.
2. The perusal of F.I.R. No,178 of 2000 shows that the detenu is not nominated accused. However, on a supplementary statement, dated 5-6-2000 complainant implicated the detenu. There are serious doubts about the veracity of the supplementary statement, dated 5-6-2000. The fact remains that detenu was in custody of Manzoor Ahmad, S.-I./I.O. Who was not produced before a competent Court for seeking remand, his detention from 22-6-2000 till recovery by the bailiff on 24-6-2000 and torture by the police are unlawful. A case shall be registered against the Sub- Inspector for causing torture and keeping Zafarullah under wrongful detention from 22-6-2000 to 24-6-2000. However, the registration of this case will not affect the merits of the case registered vide F.I.R. No,178 of 2000. After registration of the case the investigation shall be transferred to a senior police officer not below the rank of Deputy Superintendent of Police and final result of the investigation shall be communicated to this Court through the Deputy Registrar (Judicial) within two months.
3. Learned counsel for the petitioner has also requested for granting protective bail to the detenu in order to approach the Sessions Court for pre-arrest bail. Since the detenu is not nominated in the F.I.R. And his implication through supplementary statement as stated above is open to serious doubts, he is admitted to seven days' protective bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate to enable him to make the application to the Sessions Court for appropriate relief of bail. As far as the present habeas petition is concerned, the same is allowed in the terms indicated above. The detenu shall appear before the S.H.O., Police Station Mananwala for recording his statement whereupon the case shall be registered as observed above. Copy Dasti.