1990 P Cr (PLP)

Muhammad Islam has filed a petition under section 491, Cr.P.C. for the recover of detenu Shaukat Nawaz and Khalid Mahmood from the illegal detention of the respondents. This Court vide order dated 11-7-1989, passed an order directing the bailiff to recover the detenu and produce them before this Court. In compliance with the order of this Court the bailiff raided the police station and recovered the detenu. He has produced them in Court. I have recorded the statements of the detenu, the bailiff and the respondents.

2. The bailiff in his report has submitted that he raided the police station on 11-7-1989 at 9-05 p.m. and recovered the detenu who were chained with a ring on their legs and were confined in a room of the police station and that their arrest was not shown in the daily diary

3. The learned counsel for the petitioner submits that the respondents, particularly respondent No.2 Dost Muhammad S.I. has kept the detenu in illegal confinement and has also given them beating, so a case be registered against them under the provisions of the Penal Code.

4. The learned counsel appearing for the respondents has submitted that the detenu were shown as suspects in case vide F.I.R. No. 151/89, dated 18-6-1989, under section 457/380, P.P.C. He submitted that actually the detenu were taken into legal custody, but due to some misfortune of the respondents, their formal arrest was not shown in the daily diary, as the plea of respondent No.2 is that he formally arrested the detenu under section 54, Cr.P.C. in the case referred above on 11-7-1989 at 7-00 p.m. and sent them to the police station under the escort of two constables but before their arrest could not shown in the daily diary, the bailiff of this Court raided the Police Station and recovered the detenu.

5. After perusing the record and hearing the arguments of the learned counsel for the parties, I find that respondent No.2 Dost Muhammad S.I. prima facie is guilty of an offence under section 343, P.P.C. Syed Munir Ali S.H.O. Police Station Dijkot is present in Court. He has been directed to register a case against Dost Muhammad S.I. on the application of Shaukat Nawaz, one of the R detenu, under the relevant provisions of law and a copy of the F.I.R. be sent to the Deputy Registrar (Judicial) of this Court within three days after the registration of the case. The S.S.P., Faisalabad is directed to hand over the investigation of the case, if registered, to a D.S.P. other than the D.S.P. of the circle of Police Station, Dijkot.

6. The Bailiff of this Court has been directed to get the detenu medically examined by the Police Surgeon and thereafter in the light of that report, the case be registered against Dost Muhammad S.I.

7. The S.S.P. is further directed to initiate departmental proceedings against respondent No.l, because in his very presence the detenu were recovered from the illegal detention of Dost Muhammad S.I. chained with a ring on their legs. He should apprise this Court what departmental action he has taken against I the S.H.O. to the Deputy Registrar (Judicial) of this Court within two months.

8. A copy of this order he sent immediately to the S.S.P. Faislabad for compliance.

9. During the course of arguments, it has transpired that the respondents' want to arrest the detenu in Case No.151/89, dated 18-6-1989, under sections 457/380, P.P.C. In the interest of justice I grant ad interim bail to the detenu, namely, Shaukat Nawaz and Khalid Mahmood, in the sum of Rs.5,000 (five E thousand only) with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court, till 23-7-1989. Meanwhile, the learned counsel for the petitioner has been directed to like a regular application for appropriate orders. N.H.Q./M-1721/L.????? ?????????????????????????????????????????????????????????????????????????????? ?Bail granted.