MUHAMMAD MANSHA vs STATION HOUSE OFFICER, POLICE STATION SADDAR, RENALA KHURD, DISTRICT OKARA and 3 others
This habeas corpus petition was filed by Muhammad Mansha, alleging the illegal detention of his son and several relatives by the police at Police Station Renala Khurd, District Okara, due to personal enmity with a private respondent. The core legal question was whether the detention of the alleged detenus was lawful and justified by the police record. Upon the court-appointed bailiff's recovery of the detenus from the police lock-up, it was discovered that no entry of their arrest existed in the police Roznamcha, and the police failed to provide any justification for their confinement. The court held that the detention was entirely illegal and that the Sub-Inspector involved had attempted to fabricate a record to justify the unlawful act. Consequently, the court ordered the immediate release of the detenus and directed the Superintendent of Police to suspend the responsible officer and initiate disciplinary proceedings. The judgment reaffirms the principle that the liberty of an individual is precious and cannot be curtailed except under compelling legal circumstances, condemning the use of forged records to facilitate illegal confinement.
- Does the absence of an arrest entry in the police Roznamcha render the detention of individuals at a police station illegal?
- Can a court order the suspension of a police officer found to be involved in the illegal detention of citizens?
- Is a supplementary statement recorded by the police after a habeas petition is filed sufficient to justify the prior detention of individuals?
ORDER
' Muhammad Mansha, petitioner moved the instant habeas petition alleging therein that he has some background of enmity with Basharat Famed (respondent No,4), who called in aid the assistance of S.H.O., Police Station Saddar Renala Khurd, District Okara and Muhammad Arif Ansari, S.-I., of the same police station. These respondents removed Ashiq Hussain son of the petitioner, Zamir Haider, .Saeed Ahmad, both sons, Faqir Hussain nephew, Falak Sher and Mushtaq Ahmad, relatives, from their houses and detained them at Police Station Renala Khurd although they were not involved in any criminal case. Prayer was made for their recovery and production before this Court through bailiff.
2. Ali Bahadar, bailiff was deputed for the recovery and production of the aforesaid detenus before this Court. He visited the police station and recovered the detenus who were confined in lock-up.
On his query, the police authorities could not offer any plausible explanation for the detention of the detenus. He also checked the police record and found no entry of their arrest in the police Roznamcha. He has submitted his detailed report which is placed on the file.
3. Muhammad Arif, S.-I., (respondent No,2) is present in Court. He contends that the aforesaid detenus are involved in a criminal case but his contention is not borne out from the police record.
He has recorded a supplementary statement of the complainant but the same appears to be a complete concoction in order to frustrate and foil the instant habeas petition.
4. In this view of the matter, I am fully satisfied that the detention of the aforesaid detenus at Police Station Renala Khurd by or at the instance of respondent No,2 was absolutely illegal. They were not involved in any criminal case at the time of their arrest/apprehension. The said Sub-Inspector has tried to prepare bogus and forged record by recording supplementary statement of the complainant in order to falsely implicate the detenus. Therefore, set them at liberty.
5. It is now well-settled that liberty of an individual particularly a law abiding citizen is so precious that it cannot be snatched/taken away except in the most compelling circumstances. The aforesaid S.-I. (respondent No,2) is prima facie guilty for detaining the .Aforesaid detenus illegally at the police station and for forging the police record by concocting false and bogus supplementary statement of the complainant. He appears to be a desperado who has no regard for law and rule of law.
5. The Superintendent of Police Okara, is, therefore, directed to suspend Muhammad Arif Ansari, Sub-Inspector, Police Station Saddar Renala Khurd, District Okara (respondent No,2) immediately under intimation to this Court through Deputy Registrar (Judicial) of this Court and proceed against him strictly in accordance with law.