Mrs. FAZILAT AYUB vs THE STATION HOUSE OFFICER and anothers
This matter comes before the Lahore High Court through a habeas corpus petition filed by Mrs. Fazilat Ayub concerning the alleged illegal detention of her son, Muhammad Ishaq, at Police Station Shamali Chowni, Lahore. The core legal question is whether the detention of the detenu without observing legal formalities and with manipulated police records constitutes illegal confinement. The court held that the detention was illegal as no contemporaneous documents justified the arrest at the time of the bailiff's raid, and the police records appeared to be subsequently manipulated. The court ordered the immediate release of the detenu, directed the transfer of the investigation from the erring police officer, and mandated departmental action through the Deputy Inspector General of Police, Lahore, while establishing that police must strictly observe legal formalities when arresting any individual.
- Whether the detention of a person without recording arrest formalities in the police roznamcha renders the custody illegal?
- What is the legal effect of a bailiff's report revealing manipulated arrest records in a habeas corpus petition?
- Can a court order the transfer of a criminal investigation upon finding police misconduct during an illegal detention?
- Section 302, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
ORDER
' The detenu has been produced. According to the report of bailiff, he was found confined in the lock-up of Police Station, Shamali Chowni, Lahore at the time of raid. Also that no document available in the Police Station indicated his arrest. Further that Muhammad Ashraf, S.-I. Showed him a copy of Roznamcha indicating that the detenu Muhammad Ishaq son of Muhamamd Yousaf was arrested on 17-7-2000 at 11-00 a.m. Vide Rapat No,8. The Bailiff has expressed his apprehension that the report with regard to arrest of detent was made after conduct of the raid.
2. The Investigating Officer Muhammad Ashraf, Sub-Inspector, however, denies the aforesaid allegation. The learned counsel for the petitioner also states that the detent has been tortured during custody by the respondent-Investigating Officer.
3. The record attached with the report of the Bailiff includes the statement of one Muhammad Afzal son of Muhammad Yousaf who is father of the deceased in case F.I.R. No,121/2000, dated 21-3-2000 under section 302, P.P.C. Registered with Police Station Shamali Chowni, Lahore. At the end of his statement under section 161, Cr.P.C., the said Muhammad Afzal expressed the apprehension that the detenu who is his real brother had attempted to hush-up the matter with the connivance of yet another brother who lodged the aforesaid F.I.R. Against unknown persons.
4. Be that as it may, the report of the Bailiff clearly indicates that the detenu was not in legal custody of respondents at the time of raid. According to the Bailiff it took respondent No,2 complete one hour and fifteen minutes to come up with an explanation justifying the detention from the Roznamcha of a Chowki of the Police Station. His report alleging manipulation of record by the respondent No,2 is quite serious. Therefore, a copy of this petition along with report of Bailiff and this order shall be sent to D.I.-G., Lahore for appropriate action against the said Investigating Officer.
5. Since the detenu was not arrested in accordance with law nor any formalities of his arrest were observed, his detention is declared to be illegal. He is set at liberty. It may, however, be clarified that if required in connection with any criminal case, the detenu may be arrested but only in accordance with law. To safeguard his interest it is directed that the concerned officer shall immediately withdraw the investigation of the above case from respondent No,2 Muhammad Ashraf.
6. The detenu claims to have been tortured by the respondent-Investigating Officer. For that purpose, he may seek his remedy available under law. Also if he presents himself before the Civil Surgeon, Lahore within next 24 hours he shall be examined and the report shall be delivered to him.
7. Disposed of with the above observations.