2016 P Cr (PLP)
Mst. WAHDUL MAI — Petitioner Versus DISTRICT POLICE OFFICER, MUZAFFARGARH and 3 others — Respondents
| Citation | 2016 P Cr (PLP) |
| Forum / Court | Lahore (Multan Bench) |
| Bench Members | N/A |
| Parties | Mst. WAHDUL MAI — Petitioner Versus DISTRICT POLICE OFFICER, MUZAFFARGARH and 3 others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2016 P Cr (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 P Cr (PLP)?
The case was heard and decided by the Lahore (Multan Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 P Cr (PLP) (Mst. WAHDUL MAI — Petitioner Versus DISTRICT POLICE OFFICER, MUZAFFARGARH and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Petitioner.
- Aziz-ur-Rehman Khan, Assistant Advocate-General with Muhammad Sharif, S.I./Station House Officer and Muhammad Ashiq, S.I. for the State.
- SHAH KHAWAR, J.---The alleged detenue has been produced. Learned Assistant Advocate General states that the alleged detenue has been arrested in three different FIRs and he is under interrogation. Further contends that the allegation of arresting the accused on 04.05.2014 is not correct. Muhammad Sharif S.I./Station House Officer was asked whether he has read Article 10 of the Constitution of Islamic Republic of Pakistan, 1973 who replied in negative.
Headnotes / Summary
Arts. 10 & 199
Criminal Procedure Code (V of 1898), S. 491
Constitutional petition
Arrest and detention, safeguard against
Habeas corpus petition was filed for recovery of detenue
Authorities informed that detenue had been arrested in three different FIRs and was under interrogation
Effect
Alleged detenue was produced who was in valid custody of police
Petition was disposed of accordingly
High Court observed that Chapter-I, (Fundamental Rights) of the Constitution should be included as compulsory subject in curricula of courses which were offered to members of law enforcing agencies during their courses at all levels. [Paras. 4 & 5 of the Judgment]
Judgment & Decree
SHAH KHAWAR, J.
The alleged detenue has been produced. Learned Assistant Advocate General states that the alleged detenue has been arrested in three different FIRs and he is under interrogation. Further contends that the allegation of arresting the accused on 04.05.2014 is not correct. Muhammad Sharif S.I./Station House Officer was asked whether he has read Article 10 of the Constitution of Islamic Republic of Pakistan, 1973 who replied in negative.
2. This is strange that the police officers who under the Constitution and the law are empowered to make arrests of the citizens, involved in cognizable offences, while adhering to the provisions of the Constitution of Islamic Republic of Pakistan, 1973 and specially Article 10, which provides safeguards as to arrest and detention. This is astonishing that a Sub-Inspector of Punjab Police has not even read this important Article of the Constitution, which he is supposed to learn by heart. It reflects that the Punjab Police as well as police of other provinces is not imparting Constitutional education, during the departmental courses to their personnel. In the same manner, loyalty to State and obedience to Constitution and Law is mandated in Article 5 of the Constitution of Islamic Republic of Pakistan, 1973 which provides that (1) Loyalty to the State is the basic duty of every citizen (2) Obedience to the Constitution and Law is the (inviolable) obligation to every citizen wherever he may be and of every person for the time being within Pakistan.
3. Keeping in view the above said mandatory provisions of the Constitution, the member of the law enforcing agencies throughout the country are supposed to go through and understand, the same, so that they know their duties and obligations towards the State as well as the citizens.
4. The Deputy Registrar (Judicial) of this Court is directed to circulate copies of this order to the Secretary, Goverment of Pakistan, Ministry of Interior, Chief Secretaries and Provincial Police Officers (IGs) of all provinces with a direction that they should include Chapter-I, (Fundamental Rights) of the Constitution of Islamic Republic of Pakistan, 1973, as a compulsory subject in the curriculums of the courses which are offered to the members of the law enforcing agencies during their courses, at all levels.
5. Since the alleged detenue has been produced who is now in the valid custody of police so, present writ petition with the above observations stands disposed of. MH/W-9/L Order accordingly.