1992 P Cr (PLP)

Respondent in person. Muhammad Hanif Khatana for the Complainant. On the allegation of the petitioner that Manzoor Hussain and five others were being illegally detained by respondent, a bailiff was deputed by this Court yesterday to raid Police Station, Kot Nainan and after the recovery of the alleged detenus, produce them before this Court.

2. The bailiff, as per his report of date, raided Police Station, Kot Nainan at 12‑30 a.m. last night and found Manzoor Hussain, Abdul Ghaffar, Mst. Habiban Bibi, Mst. Arshad Bibi and Muhammad Rafique, besides Faryad Ali confined to the Police Station. According to him, the two ladies alongwith minor children besides Muhammad Rafique were sleeping in the courtyard of the Police Station, while Manzoor Hussain and Abdul Ghaffar were confined to the lock‑up alongwith Faryad Ali. As per report, he perused the daily diary (Roznamcha) of the police station and did not find any entry therein regarding the arrest of any of the above‑mentioned five detenus though a case stood registered against them besides Faryad Ali.

3. The respondent states that case: F.I.R. No.26 was registered at the Police Station Kot Nainan on 5‑4‑1991 under section 11 of Ordinance VII of 1979, alleging abduction of Mst. Sakina Bibi by Faryad Ali alongwith Mst. Habiban Bibi, Mst. Irshad Bibi and Muhammad Rafique besides Karam Dad and Karamat Ullah co‑accused. According to him, Faryad Ali and Mst. Sakina Bibi abductee were arrested by him yesterday from the Illaqa. Further submits that he did not show the arrest of Mst. Habiban Bibi, Mst. Irshad Bibi and Muhammad Rafique in the police papers because he wanted to formally arrest them after getting statement of Mst. Sakina Bibi abductee recorded from the local Magistrate. With regard to Manzoor Hussain and Abdul Ghaffar detenus, he states that they were brought to the Police Station because they had stated their names as Karam Dad and Karamat Ullah, the accused mentioned in the F.I.R.

4. It is argued on behalf of the complainant that the parties belonged to the same village and prior to this occurrence, Mukhtar Ahmad son of Manzoor Hussain, the alleged detenu, had abducted Mst. Shahzad Bibi, first cousin of Mst. Sakina Bibi abductee, and their cases are still pending in Civil Courts. According to the learned counsel, then Faryad Ali abducted Mst. Sakina Bibi, the daughter of Muhammad Hanif complainant, with the assistance of other co‑accused.

5. From the report of the bailiff and from the statement of the respondent it is obvious that Mst. Habiban Bibi, Muhammad Rafique and Mst. Irshad Bibi detenus, who are co‑accused in the abduction case (F.I.R. No.26 of 1990), had not yet been arrested and like Manzoor Hussain and Abdul Ghaffar were being detained illegally by the respondent with a view to entail the appearance of Mst. Sakina Bibi abductee and Faryad Ali abductor, but once the abductor and the abductee, as it appears from the statement of the respondent, had submitted before him, there was little justification for him to keep the relations of the abductor in illegal custody. I am inclined to agree with the contention of the learned counsel for the petitioner that the respondent was compelling them to pay him bribe for their release and for that reason he was keeping them at the police station despite the appearance of Faryad Ali, the main accused, and the abductee.

6. In view of the above, where Manzoor Hussain and Abdul Ghaffar detenus are set at liberty, Muhammad Rafique, Mst. Irshad Bibi and Mst. Habiban Bibi, who are accused in the said case, are granted pre‑arrest bail if they furnish bail bonds in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Shakargarh.

7. A copy of this order should be sent to Superintendent of Police, Sialkot with the direction that he should take appropriate disciplinary action against the respondent for his unlawful activities, including the allegation of demanding bribe. H.B.T./S‑963/L.?????????????????????????????????????????????????????????????????????????????????? Order accordingly.