2014 PLP 1663 (YLR)

MAHMOOD AHMAD BHATTI, J.

Abdul Rashid, petitioner moved this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with section 491, Cr.P.C. for the recovery of Muhammad Yousaf, his son aged about 12/13 from the illegal and improper custody of S.H.O. Police Station Bait Meer Hazar, District Muzaffargarh.

2. The petition was moved on 5-11-2013, and a Bailiff of this court, namely, Sana Ullah was deputed to recover Muhammad Yousaf and Abdul Rafique, the detenus/detainees. The Bailiff has also filed a detailed report setting out the circumstances in which both the detenus were recovered. Both the detenus, namely Muhammad Yousaf and Abdul Rafique were found on the premises of Police Station Bait Meer Hazar, District Muzaffargarh. As per the report of the Bailiff, it was stated by the S.H.O. that Muhammad Rafique was arrested by Tanvir ASI/I.O, and a Rapt No.11 dated 5-11-2013 was entered to show that the detenu was locked-up as an accused in case F.I.R. No.215/13 dated 14-10-2013 registered under section 363 P.P.C. at Police Station Bait Meer Hazar at the instance of Abdul Rashid, the petitioner herein.

3. Strangely enough, Muhammad Rafique has been implicated by the police in the very F.I.R., which was lodged against one Riaz and Abdul Razzaq. It is pertinent to mention that Muhammad Rafique is the real brother of Abdul Rashid, the complainant. It does not appeal to reason that he would have abducted his own nephew. It is the allegation of the petitioner that he was being framed in the aforementioned F.I.R. just to harass the petitioner and to pressurize him into making a statement in favour of Riaz and Abdul Razzaq, accused nominated in the aforesaid F.I.R. No.215/13 dated 14-10-2013.

4. I am not satisfied with the submissions made on behalf of the respondents that Muhammad Rafique himself was an accused, and Muhammad Yousaf minor was recovered from him. Had it been, SHO/respondent would have made contact with Abdul Rashid, the petitioner promptly, returning the child to his parents and earning their prayers and plaudits.

5. I am mindful of the fact that no bail petition has been moved on behalf of Muhammad Rafique. However, under Article 9 of the Constitution of Islamic Republic of Pakistan, 1973, no person shall be deprived of life or liberty save in accordance with law. On the face of it, the arrest of Muhammad Rafique and confinement of Muhammad Yousaf minor are tainted with mala fides.

6. In exercise of the powers conferred on this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 as well as under sections 498 and 561-A of the Cr.P.C. Muhammad Rafique is admitted to bail in case F.I.R. No.215/13 dated 14-10-2013 registered at Police Station Bait Meer Hazar, District Muzaffargarh on the furnishing of his own bail bonds in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (Judl.) of this Bench. Consequently, both the detenus/detainees are hereby set at liberty, with the direction to District Police Officer, Muzaffargarh to register a case against Shaukat Ali, Inspector/SHO and Muhammad Tanveer, S.I./I.O. under section 342, P.P.C. and under Article 155 of the Police Order 2002. He would also ensure that the aforesaid police officials would not coerce the petitioner Abdul Rashid either to make a compromise or to do anything giving the impression that he was being forced to withdraw F.I.R. No.215/13 dated 14-10-2013.

7. Copy of this order shall be sent to the District Police Officer, Muzaffargarh forthwith for compliance.

8. Disposed of. MH/A-28/L Order accordingly.