Haji KHAWAR SALEEM and 2 others vs S.H.O. and others
This matter concerns a habeas corpus petition filed following allegations of illegal detention by police officials. The petitioner, Haji Khawar Saleem, alleged that he and his servants were taken into custody from Faisalabad on October 30, 2000, by police officers without legal justification or formal entry in the police station's daily diary. A court-appointed bailiff confirmed the detenu's presence at the Police Station Garden Town, Lahore, despite the police claiming the arrest was deferred due to insufficient evidence. The core legal question was whether the detention was lawful given the absence of formal arrest records and the conflicting accounts provided by the police and the petitioner. The Court, noting the lack of entries in the daily diary and the discrepancy between the alleged date of occurrence and the registration of the F.I.R., granted protective bail to the detenu. Furthermore, the Court directed senior police officials (D.I.-G. Faisalabad and S.S.P. Lahore) to investigate the alleged illegal confinement and initiate legal action against any delinquent police officers found responsible for the unauthorized detention.
- Can a court grant protective bail when there are conflicting versions regarding the legality of a detention?
- What is the legal consequence of failing to record an arrest in the police station's daily diary register?
- Does the absence of a formal arrest record in the daily diary justify an inquiry into potential illegal confinement by police?
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 29, Telegraph Act 1885
ORDER
' Report of the bailiff has been received. According to the report, the alleged detenu Haji Khawar Saleem, who was posted as S.-I. In P.C. Farooq Abad was found in Police Station Garden Town.
According to the statement made by Khawar Saleem detenu he was taken into custody on 30-10- 2000 from his house situated in Peoples Colony, Faisalabad alongwith his two servants namely Shahbaz and Manzar by Saif Bhatti, S.H.O., Police Station Factory Area, Faisalabad and Bashir D.S.P.
2. Farman Ali, A.S.-I./Investigating Officer told the bailiff that Haji Khawar Saleem and Shahbaz are nominated accused in case F.I.R. No,319 of 2000, dated 2-11-2000 under section 16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and 29 Telegraph Act, Police Station Garden Town, Lahore. According to the said A.S.-I., that Khawar Saleem (detenu) was brought from Police Station Gulberg, Faisalabad on 4-11-2000 at 900 a.m. And they reached at Police Station Garden Town, Lahore on the same day. The arrest of the detenu was not mentioned in the daily diary register of Police Station Garden Town, no explanation was given by Farman Ali, A.S.-I. But he told the bailiff that the arrest of the detenu has been deferred since sufficient proof for the culpability of the accused/detenu did not come at police file.
3. Learned counsel for the petitioner submits that present case is out come of mala fide, that it is a false case, occurrence took place. On 23-10-2000 and the case was registered in Lahore Police Station Garden Town on 2-11-2000, although the detenu was taken into custody from Faisalabad alongwith his two servants namely Shahbaz and Manzar. Detenu is also present in Court because his formal arrest was not shown in the daily diary register. He submits that he has some enmity of murder with one Tarrar Family at Sargodha and one D.S.P. From Gujrat came to Lahore and got this false case registered against him.
4. Inspector/S.H.O., Police Station Garden Town, Lahore present in Court submits that the alleged detenu is required by the police in the instant case.
5. I have heard learned counsel for the parties and have also gone through the report of the bailiff.
The arrest of the detenu was not shown in the daily diary register of the police station. Case was registered on 2-11-2000, although occurrence took place on 23-10-2000 but the detenu is named as an accused in the F.I.R. In the circumstances of the case I allow protective bail upto 10-11-2000 to the detenu in the sum of Rs,20,000 (twenty thousand) to the satisfaction of Illaqa Magistrate, Garden Town, Lahore, as two different versions have come on record, one from the side of the detenu and other from the police. I would direct D.I.-G., Faisalabad and S.S.P., Lahore to look into the matter and if anybody from the side of the police is found to be guilty in arresting the detenu on 30-10-2000 and to keep him in illegal confinement till the raid of the bailiff necessary legal action should be taken against the delinquent person under intimation to D.R. (Judi.) of this Court within three weeks. With these observations, this petition stands disposed of. Security of Rs,1,000 be returned to the petitioner.