MUHAMMAD FAREED vs STATION HOUSE OFFICER
This matter arises from a habeas corpus petition filed by Muhammad Fareed concerning the alleged illegal detention of detenus by the police. According to the court-appointed bailiff's report, none of the detenus were shown as involved in any case or recorded in the police station's daily register. The Station House Officer contended the detenus were arrested in connection with an FIR under the Telegraph Act and on suspicion under the Code of Criminal Procedure 1898, while police officers alleged involvement in stealing railway lines. The core legal question concerned the legality of the detention and allegations of physical torture and extortion by police officials. The court held that the arrest and detention of the detenus were illegal and ordered their immediate release. Furthermore, the court directed a medical examination for physical torture, permitted the filing of complaints against responsible officers, and ordered an inquiry by the Deputy Inspector-General of Police into the allegations of maltreatment and illegal custody.
- Whether the detention of individuals not shown in the daily register of a police station is illegal?
- What remedies are available to detenus found to have been subjected to illegal custody and physical torture by police officers?
- Whether a court can direct a departmental inquiry against police officers upon allegations of illegal detention and maltreatment?
- Section 54, Code of Criminal Procedure 1898
- Section 550, Code of Criminal Procedure 1898
ORDER
' According to the report of bailiff none of the detenus were involved in any case nor their arrest was shown in the daily register of Police Station Bhalwal, District Sargodha.
2. On the other hand, S.H.O. Present in Court submits that the detenus were arrested in case F.I.R.
No,20 of 1999, dated 21-1-1999 under section 25 of Telegraph Act, Police Station Bhalwal and their arrest was recorded on the basis of suspicion under section 54, Cr.P.C. It is further contended by the S.H.O. That he had taken over the charge of the said police station two days prior to the raid.
Hadayat Ullah, S.-I. And Abdul Manan, A.S.-I. Submit that the detenus are guilty of cutting the railway lines and the truck loaded, with stolen railway lines was taken into possession by them under section 550, Cr.P.C.
3. I have gone through the report of bailiff, that no case was registered against the present detenus although the recovery of truck loaded with railway lines has been shown from 15-5-1999.
4. On the other hand, the alleged detenus present in Court submit that they deal in business of crush. They bring the same from Margala Hills and sell the same at Octroi Post, Lahore. They claimed that they were not involved in any other criminal case. They also complained before the bailiff and also before this Court that they have been mercilessly beaten by , the Police Officers and Rs,26,000 were taken from them by Abdul Manan, A.S.-I. And Hadayat Ullah, S.-I.
5. I have heard both the parties. As far as, the arrest of the present detenus are concerned, it is found to be illegal. They are set at liberty to go wherever they like. They have complained for physical torture. Bailiff is directed to get their medical examination from the office of Medico-legal Surgeon today without fail. If the injuries are found on their person, ail the detenus will have a right to file a complaint or to get a case registered against the responsible Police Officers for maltreatment and their illegal custody.
6. I also direct D.I.-G., Sargodha Division, Sargodha to hold an inquiry into the matter about the allegation levelled by the petitioner and the alleged detenus. If they are found to be correct then a legal action should be taken against the responsible Police Officers. Security amount Rs,2,000 deposited by the petitioner be returned. It is ordered, that the truck which was taken into possession by the Police Officers should be handed over alongwith its original documents to the petitioner immediately today. Copy of this order be sent to D.I.-G., Sargodha Division, Sargodha within three days from today and he is also directed that after completing the inquiry within one month, the report in this regard should be sent to the Deputy Registrar (Judl.) of this Court about the action taken against the responsible Police Officers. With these observations, this petition stands disposed of.