SHAUKAT ALI vs S.H.O.
This matter concerns a habeas corpus petition filed by Shaukat Ali alleging the illegal detention of Muhammad Ramzan by police officials at Police Station Shahdara Moor, Lahore. Upon the court's direction, a bailiff raided the police station, discovered the detenu in the lock-up without any registered case or record of production before a competent court, and observed physical injuries on the detenu. The detenu alleged he had been incarcerated since January 31, 2001, subjected to torture, and extorted by an Assistant Sub-Inspector. The court, confirming the detention was illegal and the torture substantiated by a medico-legal report, held that police officers possess no legal authority to torture detainees. Consequently, the court ordered the responsible S.H.O. and A.S.I. to pay compensation to the detenu, directed their immediate suspension, and ordered the registration of a criminal case against them under the Pakistan Penal Code 1860. The court further mandated an independent investigation and protective measures for the petitioner against police intimidation, establishing the principle that illegal detention and custodial torture by law enforcement are actionable offenses warranting immediate judicial intervention and compensation.
- Does a police officer have the legal authority to torture an under-trial prisoner or a person held in detention?
- Can a High Court order compensation to be paid by police officials to a victim of illegal detention and custodial torture?
- Is a police officer liable for criminal prosecution when they detain an individual without registering a case or producing them before a competent court?
- Section 365, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 337-F, Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
ORDER
[7-2-2001]: Shaukat A.I petitioner has moved the instant habeas corpus petition stating that Muhammad Ramzan was detained illegally by the S.H.O., Police Station, Shahdara Moor, Lahore; consequently I directed the bailiff to recover the detenu and produce him in Court if the detention was illegal by submitting his report.
2. Report of the bailiff indicates that he raided the police station on 4-2-2001 at 5-10 p.m. And found the detenu Muhammad Ramzan in lock-up. On inquiry Moharrar told him that Muanwar, A.S.I. Was the person who could give details about the detention of Muhammad Ramzan. Munawar, A.S.-I.
When summoned took to his heels. Later on S. H. O./Inspector also slipped away on the pretext that he was going to hair dresser shop. However, the bailiff examined the record and neither found any case registered against the detenu nor there was any record indicating his production before the competent Court of law. On the other hand Muhammad Ranizan detenu complained that he is in incarceration since 31-1-2001 by Munawar, A.S.-I. Who took Rs.5,250 and also inflicted torture on him. The bailiff examined with naked eyes the torture marks which have been noted in his report.
3. In the first instance the Medico-Legal Surgeon is directed to examine the detenu Muhammad Ramzan and submit his medico-legal report to the bailiff, who shall take the detenu straight from the Court for medical examination. Medico-legal report shall be submitted to this Court on 8-2- 2001 on which date the respondents shall also be in attendance.
[8-2-2001]: In pursuance of this Court's order dated 7-2-2001 bailiff of the Court got the detenu Muhammad Ramzan examined by a Medico-Legal Surgeon who has found nine injuries on his person, some of them being on buttocks portraying usual mode of torture undertaken by the Police. The matter is extremely serious and requires forthwith attention.
2. There is no law which gives powers to the Police Officers/Officials to torture the under trial prisoners or detenu detained in an illegal and improper manner.
3. Having found the detention to be illegal report of the Medico-Legal Surgeon has added salt to the wounds. The torture reflected in the Medico---Legal Report could not have been committed by Munawar, A.S.I. Alone as the S.H.O., Police Station Shahdara, Lahore namely Muhammad Mansha is also equally responsible, therefore, I direct both of them to pay Rs.10,000 each as compensation to the detenu Muhammad Ramzan.
4. S. S. P. Lahore shall place both the S.H.O. And A.S.-I. Under suspension forthwith and shall get a case registered under section's 365/452 read with sections 337-F and 337-L(ii), P.P.C. Against them whereafter he shall ensure that the same is investigated by an officer of independent repute from the P.S.P. Cadre, Compliance report shall be submitted to the Deputy Registrar (J) of this Court within a fortnight. I have been told by the counsel appearing for the petitioner that the police officials visited the house of the detenu and extended threats that if he does not compromise the matter he shall be involved in false cases. S.S.P., Lahore shall ensure that no harm of any kind is caused to the petitioner.
5. Detenu appeared before me and stated that he has received the costs imposed upon the S.H.O.
And the A.S.-I.
6. Deputy Registrar (J) shall place the case before this Court after a fortnight and if compliance report of S.S.P., Lahore is received earlier file be put up for perusal soon thereafter.