1991 P Cr (PLP)
Mst. BASHIRAN BIBI — Petitioner Versus S.H.O. and others — Respondents
| Citation | 1991 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. BASHIRAN BIBI — Petitioner Versus S.H.O. and others — Respondents |
Q1: What are the key laws and sections cited in 1991 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 P Cr (PLP) (Mst. BASHIRAN BIBI — Petitioner Versus S.H.O. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik M.R. Raza Khokhar for Petitioner.
- Muhammad Akhtar, Addl. A.-G. for Respondents.
- In Criminal Miscellaneous No.151-H of 1991 Muhammad Arif Bailiff was directed to recover and produce Sana Ullah detenu before this Court so that he may be dealt with in accordance with law. The detenu has been produced before the Court. Muhammad Nazir, S.H.O. respondent is also present. Statements of Bailiff, Muhammad Nazir, S.H.O. and Sana Ullah detenu have been recorded. Bailiff has also submitted a detailed report, which has been placed on the record. It shall form a part of the record. The Bailiff has disclosed in the report that he found Sana Ullah detenu handcuffed while in the custody of Abdul Ghafoor F.C. He also stated that no criminal case was found to have been registered against him in the police station. Sana Ullah detenu has stated that he was taken into custody by respondent on 14-3-1991. He states that he was subjected to beating by the police. Muhammad Nazir, S.H.O. respondent states that the detenu is not an accused person in any criminal case. However, he has brought to my notice that a criminal case has been registered against the elder brother of the detenu. The evidence brought on record shows beyond any shadow of doubt that detenu was taken into custody by the respondent, S.H.O. without any legal justification. Admittedly, no criminal case was registered against him. He was recovered by Muhammad Arif Butt while he was found by him in chains at the distance of about 3 K.Ms. from bungalow Khai. The facts and circumstances of the case demonstrate that Sana Ullah was detained illegally and improperly by the police without having registered any case against him. In the circumstances, a direction is issued to the Superintendent of Police, Faisalabad to immediately register a case against the guilty police officials. A Senior Police Officer shall be deputed by the Senior Superintendent of Police to investigate the case. He will also submit a compliance report with a copy of the F.I.R. to this Court through Mr. Muhammad Akhtar, learned Additional Advocate-General. The detenu shall be medically examined today by the Police Surgeon, Lahore. In the circumstances, the detenu is set at liberty forthwith. Accordingly, the petition succeeds and is allowed.
Headnotes / Summary
S. 491
Detenu was recovered from police custody by bailiff of the Court and was in handcuffs
Detenu stated that he was taken into custody by police
Station House Officer of police station stated that no ease was registered against the detenu but instead a case had been registered against his elder brother
Custody of detenu was found to be without any legal justification and detenu was detained illegally and improperly by police
Detenu was set at liberty and Senior Superintendent of Police was directed to register a case against the delinquent police officials which shall be investigated by some senior Police Officer.
Judgment & Decree
Criminal Miscellaneous No.151-H of 1991, decided on 20th March, 1991.
S. 491
Detenu was recovered from police custody by bailiff of the Court and was in handcuffs
Detenu stated that he was taken into custody by police
Station House Officer of police station stated that no ease was registered against the detenu but instead a case had been registered against his elder brother
Custody of detenu was found to be without any legal justification and detenu was detained illegally and improperly by police
Detenu was set at liberty and Senior Superintendent of Police was directed to register a case against the delinquent police officials which shall be investigated by some senior Police Officer. Malik M.R. Raza Khokhar for Petitioner. Muhammad Akhtar, Addl. A.-G. for Respondents. In Criminal Miscellaneous No.151-H of 1991 Muhammad Arif Bailiff was directed to recover and produce Sana Ullah detenu before this Court so that he may be dealt with in accordance with law. The detenu has been produced before the Court. Muhammad Nazir, S.H.O. respondent is also present. Statements of Bailiff, Muhammad Nazir, S.H.O. and Sana Ullah detenu have been recorded. Bailiff has also submitted a detailed report, which has been placed on the record. It shall form a part of the record. The Bailiff has disclosed in the report that he found Sana Ullah detenu handcuffed while in the custody of Abdul Ghafoor F.C. He also stated that no criminal case was found to have been registered against him in the police station. Sana Ullah detenu has stated that he was taken into custody by respondent on 14-3-1991. He states that he was subjected to beating by the police. Muhammad Nazir, S.H.O. respondent states that the detenu is not an accused person in any criminal case. However, he has brought to my notice that a criminal case has been registered against the elder brother of the detenu. The evidence brought on record shows beyond any shadow of doubt that detenu was taken into custody by the respondent, S.H.O. without any legal justification. Admittedly, no criminal case was registered against him. He was recovered by Muhammad Arif Butt while he was found by him in chains at the distance of about 3 K.Ms. from bungalow Khai. The facts and circumstances of the case demonstrate that Sana Ullah was detained illegally and improperly by the police without having registered any case against him. In the circumstances, a direction is issued to the Superintendent of Police, Faisalabad to immediately register a case against the guilty police officials. A Senior Police Officer shall be deputed by the Senior Superintendent of Police to investigate the case. He will also submit a compliance report with a copy of the F.I.R. to this Court through Mr. Muhammad Akhtar, learned Additional Advocate-General. The detenu shall be medically examined today by the Police Surgeon, Lahore. In the circumstances, the detenu is set at liberty forthwith. Accordingly, the petition succeeds and is allowed. SA./B-246/L Detenu set at liberty.