1989 PLP 2669 (MLD)
MUHAMMAD ASLAM‑‑Petitioner Versus S.H.O., C.I.A. STAFF‑‑Respondent
| Citation | 1989 PLP 2669 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Rafiq Tarar, .J |
| Parties | MUHAMMAD ASLAM‑‑Petitioner Versus S.H.O., C.I.A. STAFF‑‑Respondent |
Q1: What are the key laws and sections cited in 1989 PLP 2669 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 2669 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Rafiq Tarar, .J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2669 (MLD) (MUHAMMAD ASLAM‑‑Petitioner Versus S.H.O., C.I.A. STAFF‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ashiq Hussain Malik for Petitioner.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑ ‑‑‑S. 491‑‑Habeas corpus‑‑Detenus with iron Karahs on their legs recovered from police station by bailiff of Court‑‑No case found registered against detenus‑‑One of detenu aged 8/9 years was forced to dance‑‑Detenus ordered to be set at liberty‑‑Superintendent of Police was directed to register case under S.342, Penal Code against police officials found to have detained detenus without any lawful authority.
Judgment & Decree
‑‑‑S. 491‑‑Habeas corpus‑‑Detenus with iron Karahs on their legs recovered from police station by bailiff of Court‑‑No case found registered against detenus‑‑One of detenu aged 8/9 years was forced to dance‑‑Detenus ordered to be set at liberty‑‑Superintendent of Police was directed to register case under S.342, Penal Code against police officials found to have detained detenus without any lawful authority. Ashiq Hussain Malik for Petitioner. This may be read in continuation of my order dated 14‑3‑1989. The detenus, namely Muhammad Saleem and Dildar have been produced. The bailiff has reported that in pursuance of the order, referred to above, he visited C.I.A. Staff, Chichawatni, on the same day at 7‑13 p.m. and found both the detenus lying in a room of the police station with iron Karahs on their legs. On inquiry, both of them told him that they were brought to the police station by Muhammad Bakhsh, Sub‑Inspector, and Nausher Ahmad Head Constable on 12‑3‑1989. Muhammad Aslam Muharrir informed the bailiff that no case had been registered against the alleged detenus. Muhammad Bakhsh S.I. states that no case has been registered against the alleged detenus, they were brought to the police station on 12‑3‑1989 for interrogation in connection with case F.I.R. No. 41 dated 16‑2‑1989 under section 380/411, P.P.C. Police Station Kassowal, District Sahiwal, and were allowed to go with the direction to again attend the police station on 15‑3‑1989. Muhammad Saleem detenu is aged 8/9 years by appearance. He is weeping. He states that he and his cousin Dildar were taken to the police station by Muhammad Bakhsh Sub‑Inspector and Nausher Ahmad I Head Constable where the latter put Karahs on their legs. Nausher Ahmad and Muhammad Saleem Muharrir forced him to dance. Since no case has been registered against the alleged detenus, they are set at liberty. The Superintendent of Police, Sahiwal, is directed to get a case registered under section 342, P.P.C. against Muhammad Bakhsh Sub‑Inspector, Nausher Ahmad, Head Constable, and Muhammad Saleem, Muharrir, C.I.A. Staff, Chichawatni, and entrust it for investigation to a senior officer. The amount of Rs.300 deposited by the petitioner as security shall be refunded to him. SA./M‑1255/L Detenu released.