Syed RIAZ ALI GILLANI vs THE DEPUTY SUPERINTENDENT OF POLICE, CIA., LAHORE & 2 Other
This matter originated as a habeas corpus petition seeking the recovery of the petitioner's son, Sajjad-ul-Hassan, who was allegedly detained by police without being produced before a court. The bailiff's report confirmed the detenu was in police custody, having been arrested in connection with FIR No. 196/2000 registered under Sections 457 and 380 of the Pakistan Penal Code 1860. The record indicated that the detenu had been formally arrested and that a court of competent jurisdiction had already granted physical remand until 22.5.2001. Consequently, the Court declined to order the detenu's release, holding that the detention was supported by a valid judicial remand order. However, addressing allegations of physical torture, the Court directed the Station House Officer to arrange for a medical examination of the detenu. Furthermore, noting that the police daily report register contained a blank page, the Court ordered the Senior Superintendent of Police, Lahore, to conduct an inquiry into the matter, fix liability, and submit a report on the action taken within one month.
- Can a habeas corpus petition be maintained when the detenu is in police custody pursuant to a valid judicial remand order?
- What is the appropriate judicial response when a police daily report register is found to have blank pages during a bailiff's raid?
- Is a court empowered to order a medical examination of a detenu in police custody upon allegations of torture?
- Section 457, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
ORDER BASHIR A. MUJAHID, J.- Recovery of Sajjad-ul-Hassan son of the petitioner was sought from the custody of the respondents on the ground that he was arrested on 17.5.2001 but was not produced before any Court.
2. The report of the bailiff reveals that the alleged detenu was found in police lock up when he conducted the raid on 18.5:2001 at 3.10 p.m. And he was informed by the Head Constable that the alleged detenu had been arrested in case FIR No. 196/2000 u/Ss. 457/380, PPC registered at P.S. Qila Gujjar Singh. SHO has stated that the complainant of the said case had moved application before the DSP on 9.4:2001 which was received by him on 10.4.2001 and it has been incorporated in the case file and physical remand has also been obtained till 22.5.2001.
3. Since, the alleged detenu has been formally arrested and physical remand has been granted try the Court of competent jurisdiction, I am not persuaded to set him at liberty.
4. Regarding the physical torture, SHO is directed to get him medically examined by tomorrow from Police Surgeon, Lahore and a copy of the MLR will be provided to the petitioner.
5. The report of the bailiff further reveals that on his checking one page of daily report was found blank. This is a serious matter, therefore, SSP Lahore is directed to hold an inquiry and fix the liability, take appropriate action, against the concerned officials and submit report regarding action taken to this Court through Deputy Registrar(J) of this Court within a period of one month. Disposed of.