1993 P Cr (PLP)

Criminal Procedure Code (V of 1898)

S. 491

Habeas corpus petition

Detenu made a statement in the Court respecting his illegal abduction, subsequent detention and maltreatment meted out to him at the hands of police functionaries

Medical examination on the same day had revealed eight injuries on person of detenu

Station House Officer of police station had reluctantly. admitted detention of the detenu for 2/3 days at the police station whereas D.S.P. had shown his ignorance about his illegal detention

Both the Police Officers, however, had categorically stated that detenu was not required in any case

Detenu in view of his injures and illegal detention was directed to approach S.S.P. alongwith his medical report who was also directed to get a case registered against the delinquent police officials. Ghaus Muhammad Ch. and Kh. Muhammad Sharif for Petitioner. Rana Muhammad Arshad Khan, Addl. A.-G, for Respondent. The petitioner moved this habeas corpus petition respecting the illegal detention of her son Abadat Ali on 14-9-1991, making grievance of his forcible abduction on 8-9-1991 at 8-00 p.m. from her abode at Faisalabad by certain miscreants whose particulars are given in para.1 of this petition. Accordingly, a bailiff was deputed on the same day, who submitted his report on the next date i.e. 15-9-1991 stating that he could not find the alleged detenu in the police station. However, he further mentioned in his report that Muhammad Khalid A.S.I. informed him that, the said detenu was with D.S.P., Naulakha. Sh. Muhammad Siddique D.S.P. Naulakha also appeared in the Court and denied this aspect and accordingly the case was adjourned to the next date. On the adjourned date i.e. 16-9-1991 said Abadat Ali came to the Court alongwith Khalid A.S.I., Qilla 6ujar Singh. He made a statement respecting his illegal abduction, subsequent detention and maltreatment meted out to him at the hands of police functionaries. In view of this he was medically examined on the same day and the Surgeon Medico-legal Punjab, Lahore; found 8 injuries on his person. Sh. Muhammad Siddique D.S.P. alongwith Muhammad Munir S.H.O. categorcially stated that said Abadat Ali was not required in any case. Muhammad Munir S.H.O. reluctantly admitted that said Abadat was kept at Police Station Qila Gujjar Singh for 2/3 days as his brother Tariq was involved in F.I.R. No.360/91, however, Sh. Muhammad Siddique, D.S.P. had shown complete ignorance about his alleged detention. He simply stated that he summoned the case file through his Reader from Police Station Qilla Gujjar Singh on 13-9-1991 but never knew about illegal detention of the aforesaid Abadat Ali. In this background without dilating further into the matter and keeping in view the injuries and the illegal detention, I direct said. Abadat Ali, to approach the S.S.P., Lahore alongwith his medical report, who shall get the case registered against the delinquent police officials/officers. The outcome of this investigation shall be intimated to the Registrar of this Court before 20th December, 1991. The file is consigned to record. N.H.Q./E-10/L Order accordingly.