2002 PLP 3829 (YLR)

Date of hearing: 25th June, 2002. The bailiff has produced the detenus Muhammad Yaqoob, Muhammad Sabir and three others and has also submitted his report. According to the bailiff's report, he found Muhammad Yaqoob, Muhammad Sabir and Muhammad Shehbaz locked in the Police Station Cantt. Sargodha. He took them out of the police lock‑up and reached the reporting room. The detenus told him that two other persons namely Munawar Khan and Shehbaz were also taken into custody by the police who were also detained in the said Police Station. On enquiry, Muhammad Yaqoob detenu told the bailiff that on 19‑6‑2002, he and his son Salim were arrested by the Police from Chak No.24 alongwith Muhammad Shehbaz and after bringing them to the police station, the police tortured them. Similarly Muhammad Sabir and Muhammad Shehbaz also complained of torture at the hands of the police and showed marks of violence and blood‑stained clothes to the bailiff. Munawar Khan and Shehbaz Khan detenus informed him that on 22‑6‑2002 they were arrested by the police and were subjected to torture after bringing in the police station and similarly, Abdul Qayyum was also taken into custody and locked in a room of the police station.

2. The S.H.O. was not present in the police station. On enquiry from the Moharrar, he informed that the detenus were not required in any case by Police Station Cantt. Sargodha and they had been entrusted to said police station by Police Station Satellite Town, Sargodha. On checking of daily diary register, no entry regarding their detention in the Police Station Cantt. Sargodha was found. This fact was admitted by the Moharrar that the detenus were not involved in any case of Police Station Cantt. Sargodha. The bailiff recovered the detenus and afore‑referred three persons anti has produced them in Court.

3. Muhammad Yaqoob and Muhammad Sabir detenus states that on 19‑6‑2002 at evening time, heavy contingent of police came to their Chak and they were taken into custody by the police and were brought to the Police Station Cantt. Sargodha where they were tortured by the police continuously during day and night till they recovered by the bailiff; that they were taken into custody on account of involvement of Nasir (who is son of Yaqoob and brother of Sabir) in case F.I.R. No. 89 of 2002 registered at Police Station Satellite Town, Sargodha and they were compelled to produce said Nasir. Abdul Qayyum states that he is tailor of the village; that he was taken into custody by the police on 20‑6‑2002 and was kept in wrongful confinement in the Police Station Cantt., Sargodha till his recovery by the bailiff; that he has no concern whatsoever with Nasir Proclaimed Offender. Muhammad Shehbaz states that he is tractor driver of Muhammad Yaqoob; that he was taken into custody by the police on 19‑6‑2002; that he was given beating by the police. Munawar Khan states that he is a taxi driver; that he took two passengers namely Abdul Qayyum and another in his taxi to city, that the police took him into custody on 19‑6‑2002 and was kept in Police Station Cantt. Sargodha; that he has no concern whatsoever with the detenus or accused Nasir.

4. Abid Khan, Inspector/S.H.O.; Police Station Cantt. Sargodha states that Mansha Elahi, A.S.I. of Police Station Satellite Town, Sargodha sent Yaqoob, Sabir and Shehbaz on 24‑6‑2002 for keeping them in police lock‑up of his police station as Police Station Satellite Town, Sargodha does not have any independent place to detain the accused.. He admits that none of aforementioned detenus is involved in any case relating to his police station and that similarly no case against Munawar and Qayyum stands registered in his police station; that the detenus were detained in the police lock‑up pursuance to a chit sent by aforementioned Mansha Elahi, A.S.I., dated 24‑6‑2002. He also states that he has not caused any injury to any of the detenus.

5. Mansha Elahi, A.S.I. states that a case under section 216‑A, P.P.C. is registered against Muhammad Yaqoob, Sabir and Shehbaz, a domestic servant of Yaqoob for providing articles of daily use to Nasir Hussain, proclaimed offender on 22‑6‑2002. He states that he has not caused any injury to any of the detenus.

6. The allegations, levelled by the detenus regarding their wrongful confinement, torture and false implication in case F.I.R. No.270 of 2002 need recording of evidence to find out the truth. The detenus have alleged that the raid was conducted in their Chak under the supervision of Muhammad Aslam Ghauri, S. P. Investigation, Sargodha. Let a notice be issued to him for 26‑6‑2002. Learned Addl. A.‑G. shall ensure his appearance in this Court on the said date. The bailiff is directed to get all the five detenus medically examined from Medico‑legal Surgeon, Lahore.

7. The detenus Yaqoob, Sabir and Shehbaz are involved in case under section 216‑A, P.P.C. which is a bailable offence, they are released on furnishing of their personal bail bonds of Rs.10,000 each to the satisfaction of the Illaqa Magistrate within a week. Whereas, Munawar and Qayyum are not involved in any case. They are set at liberty.

8. To come up on 26‑6‑2002. H.B.T./N‑243/L Order accordingly.