ZOOR TALAB vs STATION HOUSE OFFICER, POLICE STATION GUJAR KHAN and another
This matter concerns a habeas corpus petition filed following the recovery of two detenus from illegal confinement in a police lock-up. The core legal question was whether the police were justified in detaining individuals without formal arrest or production before a Magistrate. Upon recovery by the court-appointed bailiff, the police officials admitted that the detenus were held without legal process, despite being required for re-investigation in a registered criminal case. The Court held that the detention was entirely illegal, as the individuals were neither formally arrested nor produced before a Magistrate, and further noted allegations of physical torture. Consequently, the Court ordered the immediate release of the detenus and directed the Senior Superintendent of Police to register a criminal case against the Station House Officer and the Moharrir responsible for the illegal confinement and torture. The Court further mandated a medical examination of the victims and departmental proceedings against the erring officials for misuse of power and misconduct, emphasizing the absolute prohibition against unauthorized police custody.
- Can police officials lawfully detain individuals in a lock-up without formal arrest or production before a Magistrate?
- What is the appropriate judicial remedy when detenus are found in illegal police custody?
- Does the Court have the authority to order the registration of a criminal case against police officials for illegal confinement and custodial torture?
- Section 457, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 14, Offence Against Property (Enforcement of Hudood) Ordinance 1979
ORDER
' Dilawar Khan and Munawar Khan detenus having been recovered by the bailiff have been produced in Court. The bailiff has reported that the detenus were found kept in the police lock-up.
The A.S.P. And the S.H.O. Of the concerned police station state that the detenus were brought to the police station in connection with the investigation of a case F.I.R. No,105, dated 8-7-2000 registered under section 457/380 read with section 14 of the Offence Against Property (Enforcement of Hudood) Ordinance, 1979 at Police Station Kallar Syedan.
2. The learned A.A.-G. On instructions from the S.H.O. And the A.S.P. States that earlier the detenus having been taken into custody as accused in the said case were got discharged but later the case was entrusted to the A.S.P. For re-investigation and, therefore, the detenus being required by the police were brought to the police station. However, the A.S.P. States that he was not aware of the confinement of the detenus in the police lockup. The S.H.O. Also having shown ignorance about this state of affair stated that the detenus were kept in the police lock-up by the Moharrir of the police station.
2-A. Admittedly, the detenus were neither arrested as accused nor they were produced before any Magistrate and were being kept in the police lockup in an illegal manner. The learned counsel for the petitioner submits that the detenus were in the police lock-up for the last five days. The -police officials present in Court have not been able to rebut this fact on record instead conceded the illegal confinement of the detenus in the police lock-up and thus, S.H.O. As well as the Moharrir of the police station having immediate physical custody of detenus have committed a criminal offence. The detenus also complained against the S.H.O. Of physical torture and sustaining of injuries during police custody.
3. I, therefore, direct Senior Superintendent of Police, Rawalpindi, to register a case against the S.H.O.
And the Moharrir of the police station being responsible for keeping the detenus in illegal custody in police lock-up for causing torture to them and additionally, he will also proceed against them departmentally for misuse of powers and misconduct. The detenus are set at liberty forthwith, who shall appear before the Medical Superintendent, D.H.Q. Hospital, Rawalpindi, for their medical examination and the report shall be sent to the S.S.P. By the M.S. Of D.H.Q. Hospital Rawalpindi. The S.S.P. Shall submit compliance report to the Additional Registrar of this Court within ten days. This petition with the above direction stands disposed of.