1992 PLP 104 (MLD)

The petition was laid before me on 8-9-1991, on which date I passed the following order: -- "Learned counsel states that the detenus are being confined illegally at two different places and, therefore, requests that two bailiffs be deputed to recover the detenus at the petitioner's expense and, if recovered, be produced before this Court on 9-9-1991. I order accordingly . "

3. In pursuance of the above orders, the detenus were recovered and produced in Court on 9-9-1991. I asked the learned Additional Advocate General, Mr. Farooq Bedar, to assist this Court in the disposal of this petition.

4. On 9-9-1991, I recorded the statement of Muhammad Rafiq detenu, who stated that on 4-8-1991, at about 9.00 p.m. respondent No.2 alongwith others took him to his house situated in Gulfashan Colony, Lahore and confined him there, then he was taken to Police Station Samanabad where he was kept for three days. Ultimately, he was secretly confined in L.DA. Flat No.653-Q, Lahore, which was in occupation of Tariq Bashir Cheema and Khalid Bashir Cheema from where he was ultimately recovered by the bailiff. According to Muhammad Rafiq detenu respondent No.2, demanded Rs.10,00,000 (ten lacs) as bribe. Thereafter, he got Rs.48,000 from his Account No.3990, in Habib Bank Ltd., Kot Abdullah Shah Branch, Lahore, after giving his I.D. Card to the Bank Manager. He was also removed to Rawalpindi, where he was kept in Al-Mehr and Shalimar Hotels, this statement of Muhammad Sharif detenu deposed that respondent No.2 extorted Rs.15,000 from him.

5. Respondent No.2 deposed that he was making inquiry on the application dated 1-8-1991, which was entrusted to him by the S.H.O. Samanabad without formally registering the case against any person. The petitioner has made this application, because he refused to oblige her by registering a false case against her sons as desired by her. Statement of Tariq Bashir Cheema, was recorded on 15-9-1991. He admitted that he was residing in the flat in question and is acquainted with respondent No.2. He denied to have any connection with the illegal and secret detention of Muhammad Rafiq in his flat. Khalid Bashir Cheema F.C. in his statement dated 23-9-1991, admitted that he is residing in the flat in question, which he has taken on rent of Rs.800 p.m. and it belongs to one Mst. Rozina Bibi and had got a telephone installed there. According to his statement, two private persons handed over the detenu Muhammad Rafiq to him in handcuff with the request that he should keep him in his quarter, as respondent No.2 was coming in his official jeep. He deposed that before respondent No.2 could arrive, the bailiff of this Court came there and recovered Muhammad Rafique from him.

6. The bailiffs of this Court also placed their respective reports Exh. PA. and Exh.P.B. on the record, their statements were also recorded, wherein they confirmed the contents of the aforesaid reports.

7. On the petition of the learned counsel for the petitioner, relevant record of the hotels and the Bank was seized, which prima facie corroborates the version of Muhammad Rafique detenu. 8-9. During the hearing of numerous habeas corpus petitions, it has come to light that it is a common practice with the police officers to keep innocent persons in illegal confinement at the police stations or some private place on the basis of some frivolous petitions, allegedly moved by some creditors for the settlement of civil disputes, through police pressure, obviously after obtaining illegal gratification from the complainant and in order to fleece the innocent persons by misusing their official powers. In the eye of law, this action of the police officers is an offence.

10. Now coming to the present petition, I find that respondent No.2 firstly detained Muhammad Rafique detenu secretly and thereafter extracted money from him and while he was in such illegal confinement, he committed many '', offences and also detained illegally his brother. Article 4 of the Constitution enjoins that nobody is above law. Any member of the police force committing,, the offence should be given exemplary punishment, so that in future no police officer dares to violate the command of law and commit so serious offences allegedly committed by the abovementioned persons. The S.H.O., Police Station Samanabad is present in the Court. He has been directed to register the case under the relevant law on the written application of, the petitioner/detenus.

11. As the police officials are involved in serious offences, the S.S.P., Lahore is directed to entrust the investigation of this case to the ASP Nawankot. In order to ensure that the police officials should not intimidate the witnesses I direct that they should be placed under suspension pending investigation. Office is directed to send a copy of this order immediately to the S.S.P., Lahore, for compliance and necessary action. The S.S.P., Lahore is further directed to issue a circular letter/directions to all the police officers within jurisdiction that in future they should not interfere into disputes of civil nature and should refrain from detaining persons illegally on the pretext of civil nature into the settlement of money disputes and if thereafter any police entering and violating these instructions, then he should be appropriately officer is found dealt with. further directed to issue a circular letter/directions to all the police officers within his jurisdiction that in future they should not interfere into disputes of civil nature and should refrain from detaining persons illegally on the pretext of entering into the settlement of money disputes and if thereafter any police officer is found violating these instructions, then he should be appropriately dealt with.

12. It has come to my notice that the police officers (I.Os.) do not comply with the directions of this Court when they are investigating the case against the police persons, which brings bad name to the police force. In order to remove this impression I direct that the ASP Nawankot should take action in accordance with law and if the police officials (accused in the present case) are not already in custody, they should be taken into custody forthwith as required law.

13. As the accused are involved in serious offences, the ASP Nawankot should complete the investigation as early as possible and communicate progress of the investigation to the Deputy Registrar (Judl.) of this Court periodically so that this Court should be informed what action/steps, the I.O has taken in this case.

14. The relevant record alongwith the fetters should be handed over to the I.O. for proper compliance.

15. As there is no case against the detenus, they are set at liberty to go I wherever they like. The petition is disposed of accordingly. N.H.Q./R-4/L Order accordingly.