LAL KHAN vs THE SUPERINTENDENT OF POLICE, ATTOCK And Another
This matter concerns a habeas corpus petition filed against the Superintendent of Police, Attock, alleging illegal detention of the detenu, Jamshed Ali. The court-appointed bailiff reported that the detenu was found in the police lock-up, with conflicting accounts provided by police officials regarding the date of arrest and the legality of the custody. While the police claimed the arrest occurred on February 15, 2001, the bailiff's report indicated the detenu had been in custody since January 31, 2001, without proper entries in the police register (Roznamcha). The core legal question was whether the detention was lawful and justified. The court, expressing dissatisfaction with the explanations provided by the Station House Officer and the Investigating Officer, held that the detention was irregular. Consequently, the court ordered the Deputy Inspector General of Police, Rawalpindi Range, to conduct a formal inquiry into the allegations of illegal confinement and to initiate criminal and departmental proceedings if the allegations were substantiated. The detenu was set at liberty, with the court emphasizing that any future arrest must strictly adhere to the due process of law.
- Can a court order a departmental inquiry against police officers upon finding evidence of illegal detention?
- What is the legal consequence of failing to record an arrest in the police Roznamcha?
- Is a court empowered to set a detenu at liberty when police custody is found to be without legal justification?
- Section 409, Pakistan Penal Code 1860
JUDGMENT MUHAMMAD NAWAZ ABBASI, J. -- The report submitted by the Bailiff reveals that the detenu namely Jamshed Ali was recovered from the police lock-up. The detenu informed the bailiff that he having been taken into custody by the police of Police Station, 1-9, Islamabad, on 31.1.2001, was handed over to the S.H.O., Police Station, Attock, on 31.1.2001 and since then he was in the police custody. The bailiff has reported that neither the arrest of the detenu was shown in the Roznamcha nor there was any proof of its being legal.
However, Shaukat Ali, Moharrir of the Police Station informed him that the detenu was brought to the police lock-up few days ago in a case F.I.R. No. 34, dated 1.2.2001 registered against him on the report lodged by the Regional Manager, Utility Stores, Islamabad, under Section 409, PPC. The S.H.O, Police Station, Saddar Attock and the Investigating Officer of the case present in Court denying the allegation of keeping the detenu in illegal custody since 31.1.2001 stated that he was taken into custody from the District Courts, Attock on 15.2.2001.
2. Having gone through the report of the Bailiff and the statement made by Shaukat Ali Moharrir, I being not satisfied with the explanation of the S.H.O. And the Investigating Officer of the case direct the Deputy Inspector General of Police-, Rawalpindi Range, Rawalpindi to hold an inquiry into the allegations of keeping the detenu in an illegal custody in the Police Station hy the S.H.O. And the Investigating Officer and if the same are found correct, should proceed against them for a criminal as well as departmental action. The D.I.G. Will submit report about the action taken in the matter to the Additional Registrar of this Court within a fortnight.
3. The detenu is set at liberty with an observation that if he is required by the police in connection with any criminal case, he shall not be proceeded against except in accordance with law. This petition stands disposed of accordingly.