2000 PLP 170 (MLD)

Kashif Mehmood and Abdur Rashid, alleged detenus have been produced in the Court. According to report of the bailiff, he reached at the Police Station Ghazibad at 8-30 p.m. Abdul Shakoor, S.H.O. was present there. On search he found Kashif Mehmood detained in a room with handcuff and chained with a cot whereas Abdul Rashid was present in the room of Saleem, A.S.-I. Formal arrest of both the detenus was not recorded in the daily diary. The S.H.O. stated before the bailiff that Kashif Mehmood was summoned in connection with case F.I.R. No.267 of 1998, dated 14-10-1998 under section 395, P.P.C. registered at Police Station Ghaziabad, Lahore and he came to the police station on 26-11-1998 at 5-00 p.m. However, he is not named in the aforesaid F.I.R. as accused person: Regarding Abdur Rashid, the stand of S.H.O. was that he had come to provide food to his son, Kashif Mehmood, and he was not involved in any criminal case.

2. The S.H.O. is present in the Court and he has also submitted his written reply. He states that Kashif Mehmood is required in case F.I.R. No.267 of 1998, dated- 14-10-1998 and F.I.R. No.218, dated 26-11-1998. However, Abdur Rashid is not required in any criminal case. He admits that formal arrest of the detenus was not recorded in the daily diary.

3. I have gone through the report of the bailiff, reply of the S.H.O. and the aforesaid F.I.Rs. Kashif Mehmood is not nominated as an accused person in F.I.R. No. 267 of 1998 whereas the second F.I.R. No.318 of 1998 was registered after the detenus were recovered by the bailiff.

4. Safdar Ali, complainant of F.I.R. No.318 of 1998 is also present. According to him the occurrence narrated in the F.I.R. took place on 23-11-1998 whereas the case was registered on 26-11-1998 and that, too, after the raid was conducted by the bailiff of this Court. In this view of the matter, the veracity of the F.I.R., prima facie, is not free from doubt.

5. Be that as it may, if Kashif Mehmood was really an accused in any case, it was the duty of the S.H.O. to enter his arrest in the daily diary immediately and produce him .before the competent Court within 24 hours as required under the law. Admittedly the S.H.O. has not recorded his arrest in the police papers, nor he produced any file before the bailiff at the time of raid showing that Kashif Mehmood was required as an accused person in any case. The detention of Kashif Mehmood and Abdur Rashid, in these circumstances, becomes illegal. They are, therefore, set at liberty. However, it may be observed that if any accused is required in any case the S.H.O. shall proceed strictly in accordance with law.

6. Since the S.H.O. is guilty of illegally detaining Kashif Mehmood and Abdur Rasid in his police station without recording their arrest in the police papers, he is directed to submit his reply to the show-cause notice within 7 days as to why he shall not be proceeded in accordance with law. To come up on 4-12-1998.

7. The habeas petition stands disposed of Office shall open a separate file of proceedings against the S.H.O. and put up on 4-12-1998. H.B.T./K-20/L Order accordingly.