Habeas Corpus MUHAMMAD NAZIR vs THE SENIOR SUPERINTENDENT OF POLICE, PESHAWAR and 4 others
This matter comes before the Peshawar High Court in the form of a habeas corpus petition filed by Muhammad Nazir alleging the illegal detention of Muhammad Khurshid and Baz Karam by the police. Upon the issuance of a writ, a Bailiff was dispatched, who produced the alleged detenus before the court from the residence of Bashir Ahmad Bilour, where they were employed. The core legal question concerned whether the detenus were in illegal police custody as alleged. The court noted the Bailiff's report confirming that no obstruction or resistance was offered during the execution of the warrant, and that the detenus appeared from the private residence rather than a police lock-up, though they made allegations of prior police detention and torture regarding a theft investigation. The court held that since the detenus were recovered and now present before the court, and were entirely at liberty to go wherever they desired, the purpose of the habeas corpus petitions had been served. The petitions were accordingly disposed of without any further directions.
- Whether a habeas corpus petition becomes infructuous when the alleged detenus are produced before the court and set at liberty?
- How is the report of a court-appointed Bailiff treated regarding the circumstances of the recovery of alleged detenus?
1. The allegations of the petitioner that Muhammad Khurshid Baz Karam were illegally detained by the police. However, today it was revealed that both the detenus are employees with Bashir Ahmad Bilour, Haroon Bilour and when the Bailiff was sent to his house, he brought them before the Court.
2. The Bailiff has stated that no one obstructed or resisted while he was bringing/asking the alleged detenus to accompany him to the High Court. The alleged detenus have narrated certain facts and made certain allegations against the various police officials and detaining them for some time and also torturing them in connection with the alleged theft case committed in the house of Bashir Ahmad Bilour. Since the alleged detenus have been produced by the Bailiff and have come to the High Court from the house of Bashir Ahmad Bilour and both the detenus as well as the Bailiff have stated that no one obstructed or resisted their bringing to the High Court. Both the detenus, Muhammad Khurshid and Baz Karam are now before the Court and are at liberty to go anywhere where they want. Both the applications are disposed of accordingly.