1993 P Cr (PLP)

S. 491

Habeas corpus petition

Bailiff at the time of raid had found the alleged detenu sitting in a room meant for constables of the police station

Six blunt weapon injuries were found on the person of alleged detenu on his medical examination

Superintendent of Police concerned was directed to hold a proper inquiry in the matter and to take appropriate legal/departmental a tion against the delinquent police officials if the allegations made by the alleged detenu were found correct. (b) Criminal Procedure Code (V of 1898)

S. 491

Detenu detained in Constable's room

Police Officers usually detain the persons in the rooms of police station meant for police constables to avoid the consequences of illegal detention and to frustrate the efforts of Court for the recovery of detenus through bailiff

Superintendent of Police was directed to stop the police from allowing any outsider to sit in the room meant for police constables in the police station with the warning that any person recovered from there would be presumed to have been illegally detained. Sh. Muhammad Iqbal Nasir for Petitioner. After recording the statements of the aforesaid persons I directed the bailiff that the alleged detenu be got medically examined from the Surgeon Medico-legal, Punjab. Lahore today. He has been examined and the report is placed on the record. After recording the statements of the alleged detenu, the S.H.O. and the bailiff, one thing is clear that when bailiff visited the concerned police station, he found the alleged detenu sitting in a room meant for constables of the police station. The alleged detenu has levelled this allegation that he was in fetters when the bailiff visited the police station, but this allegation is not being supported by the report of bailiff. There is some material on the record that the alleged detenu was in police station since 28-3-1993 as asserted by him.

2. I have examined the report given by Surgeon, Medico-legal, Punjab, Lahore. The report shows that he found six injuries on the person of the alleged detenu, all by blunt weapons. The duration of these injuries is from 5 to 7 days. I direct the office that the medico-legal report in original and copy of this petition alongwith statements of the alleged detenu and concerned S.H.O. and this order be sent to the S.P. Sheikhupura with the direction that he should hold a proper inquiry either himself or through some superior officer and if he finds that the allegations levelled by Qamar Iqbal the alleged detenu against the S.H.O. or other police officials concerned are correct, then he should take appropriate legal/departmental action against the delinquent police officials.

3. Before parting with this order, I may add that it has come to my notice that the police officers detain the persons in the rooms of police station meant for police constables to avoid the consequence of illegal detention and to frustrate the efforts of this Court for the recovery of the detenus through the bailiff of this Court. The S.P. Sheikhupura should direct the police that no outsider should be allowed to sit in the room meant for police constables in the police station. If any person was recovered from the rooms meant for constables, the presumption would be that he is being illegally detained. There is no order as to costs. N.H.Q./M-968/L Order accordingly.