Mst. MARGRATE vs S.H.O. and others
This matter involves a habeas corpus petition filed by Mst. Margrate concerning the alleged illegal detention and torture of several individuals by police officials. A court-appointed bailiff raided Police Station South Cantt., Lahore, and a private residence, successfully recovering multiple detenus, including women and children, who exhibited visible marks of physical violence and were not nominated in any relevant First Information Reports. The core legal question addressed is the legality of the detention and the consequential relief warranted due to police highhandedness. The court held that since the detenus were wrongfully confined and tortured without nomination in any FIR, the habeas corpus petition is converted into a bail application, granting bail to the accused detenus, ordering the release of others, directing medical examinations, and mandating departmental proceedings and criminal case registration against the responsible police sub-inspector. The key principle laid down is that illegal and unrecorded police detention coupled with physical torture warrants immediate intervention, conversion of habeas corpus into bail where appropriate, and strict disciplinary and criminal action against erring law enforcement personnel.
- Can a habeas corpus petition be converted into a bail application when recovered detenus are found to be illegally confined and not nominated in an FIR?
- What action can the court take against police officials found guilty of wrongful confinement and physical torture of detenus?
- Is it mandatory for the police to record the arrest and confinement of suspects in the official register in accordance with the law?
- Section 454, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 54, Code of Criminal Procedure 1898
ORDER
' The bailiff of this Court was deputed to recover the alleged detenus namely Yaqub Masih son of Roxis, Razzia wife of Yaqub, Irshad Masih son of Roxis, Younis Masih son of Denial, Rukhsana wife of Younis Masih, Abid Masih and Shah Masih son of Yaqub Masih from the custody of respondents Nos.1 and 2 and Robina and Roobi daughters of Yaqub Masih from the custody of respondent No,3.
In compliance of the abovesaid order the bailiff has recovered the detenus and produced them before this Court.
' According to the detailed report submitted by the bailiff, he went to Police Station South Cantt., Lahore at 4-45 p.m. On 10-11-2000. Moharrar, Head Constable, Muhammad Amin and Sher Muhammad Pasha, Sub-Inspector were present but the S.H.O. Was not present at that moment.
The bailiff found the alleged detenus Irshad Masih, Yaqub Masih and Younis Masih in police lock-up while Mst. Razia Bibi and Mst. Rukhsana Bibi alongwith Shah and Abid minors were found in the barrack of constables. The bailiff asked the detenus since when they were under police custody, it was disclosed by them that they were arrested by the police on 28-10-2000 from the house of respondent No,3. Irshad Masih was arrested on 28-10-2000 and Younis Masih was arrested on 3-11- 2000 and were lodged in Police Station Defence, Lahore. However, four days prior to the raid they were shifted to Police Station South Cantt., Lahore and Sher Muhammad Pasha, Sub-Inspector undertook heavy physical violence and they also showed marks of violence on their bodies to the bailiff. Sher Muhammad Pasha, Sub-Inspector, respondent No,2, however, stated that detenus Irshad Masih, Yaqub Masih and Younis Masih were arrested on 10-11-2000 in connection with case F.I.R. No,424 of 2000, dated 1-9-2000 under sections 454/380, P.P.C. Police Station South Cantt., Lahore vide Rapat No,13 at 1-35 p.m. On inspection of Register of F.I.Rs, the bailiff found that none of the detenus was nominated as accused. He also inspected the index of case diary and found that on 1-10-2000 an observation was recorded by the A.S.P./ S.D.P.O. Defence Circle that no case diary was recorded therein. On perusal of Roznamcha of Police Station South Cantt. The bailiff found three detenus namely Yaqub Masih, Younis Masih and Irshad Masih were shown to be arrested vide Rapat No,15, dated 8-11-2000 at 3-20 p.m. In connection with case F.I.R. No,38 of 2000 under sections 454/380, P.P.C. And arrest was made under section 54, Cr.P.C. By the same Sub-Inspector i.e, respondent No,2. The bailiff put signature on the Rapat as well. It was further found that in Rapat dated 10-11-2000 there was no mention regarding confinement of the said detenus and their arrest was made in what context, was also not disclosed. No explanation was offered by respondent No,2 about Rapat No,15, dated 8-11-2000. The police file was also not produced on the pretext that the same was with the A.S.P./S.D.P.O. After completing the proceedings at Police Station South Cantt., Lahore, the bailiff proceeded to Police Station Defence and got police assistance and thereafter went to the house of respondent No,3 namely Dr. Daud at 469, Block "X", Phase III, Defence, Lahore.
Respondent No,3 was not present in his house. Bailiff met the wife of the respondent there, who voluntarily handed over the custody of detenus namely Robina and Roobi.
2. According to the report of the bailiff none of the detenus was found nominated in any F.I.R.
Mentioned in the report. Mst. Rukhsana and Mst. Razia have shown marks of violence on their bodies in the Court. Condition of detenus namely Yaqub Masih, Irshad Masih and Younis Masih also shows that they were badly tortured by respondent No,2. As none of the detenus is nominatedin the F.I.R. I convert this petition into bail application and admit the alleged detenus on bail, subject to furnishing bail bonds in the sum of Rs,20,000 (Rupees twenty thousand) each with one surety each in the like amount to the satisfaction of Illaqa Magistrate concerned.
3. The other detenus who were recovered from the house of respondent No,3 are ordered to be set at liberty. The bailiff is directed to get all the detenus medically examined from Police Surgeon.
4. Copy of this petition alongwith the order of this Court, copies of report of bailiff and Medical Certificate be sent to the D.I.-G. Police, who shall initiate departmental proceedings against respondent No,2 as he kept the detenus under wrongful confinement and they were also allegedly subjected to worst type of torture by him.
5. Keeping in view the highhandedness of respondent No,2, the S.H.O. Police Station South Cantt.
Lahore is directed to receive a written application from the detenus and register a case against respondent No,2.
6. In view of the above observation, this petition is disposed of. /order accordingly.