1997 P Cr (PLP)

Respondent in person This is a petition filed by the petitioner under section 491, Cr.P.C. for the recovery of his brother Baber and his relatives Abdul Hafiz and Zafar from the alleged illegal and improper custody of the S.H.O. Police Station Nankana District Sheikhupura and Munir Ahmad, A.S.I. of the said police station. This petition is supported by an affidavit.

2. A Bailiff was deputed. Nusrat Elahi Sheikh, Bailiff submitted in his report that he reached Police Station Nankana Sahib District Sheikhupura on 8 8-1996 at 8-55 p.m. that he found all the three alleged detenus namely Baber, Abdul Hafiz and War in the precinct of the Police Station Nankana Sahib, that he was intimated by the alleged detenus, that they were brought from Canada Colony Nankana Sahib on 1-8-1996 and were under detention that in the Daily Diary of the Police Station Nankana Sahib the arrest of the alleged three detenus was not entered and that no case was registered against them.

3. Today the Police Officers took up the stand that on 8-8-1996 a pistol was recovered from War and Chhuri like dagger was recovered from Abdul Hafiz and that the alleged detenus were produced by the public before the police who were found roaming in Canada Colony in suspicious condition. A photostat of a revolver licence in the name of Muhammad Aslam son of Muhammad Iqbal who is none else than the petitioner of this petition has been produced which is pertaining to the revolver taken into possession by the police. Muhammad Aslam is a resident of Nankana Sahib at present and it can safely be expressed that his revolver was taken into possession by the police. I am tempted to express that Munir Ahmad, A.S.-I. took the law in his hands by arresting the aforesaid three alleged detenus namely Baber, Abdul Hafiz and Zafar without any legal justification. No case stands registered against them and their arrest was not entered in the Daily Diary of Police Station Nankana Sahib when the bailiff reached there. In view of the aforesaid aspect of the matter I hold that Baber, Abdul Hafiz and Zafar were detained by Munir Ahmad, A.S.-I. without legal justification and are declared as the detenus who are allowed to go to a place of their respective choice.

4. Before parting with this petition I have to express that Munir Ahmad, A. S.-I. in violation of law, justice and fair play deprived the aforesaid three released detenus of their liberty. It is a serious matter in an Islamic State to deprive a person of his liberty. Thus, such high-handedness on the part of a Police Officer cannot be ignored who must be burdened with costs as held by me in Criminal Miscellaneous No.475/H of 1994 reported as Abdul Majid v. S.-I./S.H.O. 1995 PCr.LJ

135. As such Munir Ahmad, A.S.-I. is directed to pay costs in the sum of Rs.1,000 to each of the aforesaid three released detenus namely Baber, Abdul Hafiz and Zafar in Court on 13-11-1996 on which date he shall appear personally to do the needful failing which the penal action shall be taken against him. Munir Ahmad, A.S.-I. as well as Muhammad Akram, S.H.O., Police Station Nankana Sahib District Sheikhupura are also warned to be careful in future towards the released detenus in particular and public in general. They shall not tease and vex Muhammad Aslam petitioner, the released detenus and their relatives by taking the vengeance otherwise the law shall take its course afresh against them. An amount of Rs.3,000 has been paid by Munir Ahmad, A.S.-I. to the three released detenus namely Baber, Abdul Hafiz and Zafar and each of them has received Rs.1,000.

2. Both the Police Officers have been directed not to wreck any vengeance against Muhammad Aslam petitioner as well as the released detenus. The licensed revolver has been returned to Muhammad Aslam petitioner. This petition stands disposed of N.H.Q./M-227/L Petition allowed