1989 P Cr (PLP)

‑‑‑S. 491‑‑Habeas corpus‑‑Detenu alleging to have been arrested by respondent‑‑Detenu removed from police station to police post after arrival of bailiff and later released‑‑Detenu having been already released, he was left to pursue his remedies before proper forum regarding allegations of wrongful confinement and beating etc. by respondent. Hafiz Obaid‑ur‑Rehman for Petitioner. Date of hearing: 21st January, 1989. The D.S.P. has produced his inquiry report. Let it be placed on record. He has also produced the alleged detenu. Let his (Rasool Bakhsh's) statement be recorded. Statement of Rasool Bakhsh on Oath "Ten days back, I was sitting at my shop situate in Kotla Jaffar Lal when Irshad Ghulab S.H.O. P.S. Bhong and other constables arrested me. They also removed Rs.40,000 from my shop at the time of my arrest. They took me to Police Station Bhong and detained me there for four days. I was then removed to Police Post Fazil Wah where I was kept for about four days. I was again brought to Police Station Bhong and placed in police lock‑up. On last Sunday, at about 9‑00 bailiff of this Court came to police station alongwith Allah Bakhsh petitioner and others. He after disclosing his identity that he was a bailiff deputed by the High Court for the recovery of the detenu, asked the Police Constable Shaukat Ali to open the gate but Shaukat Ali and Muhammad Rafiq, Naib‑Moharrir, both refused to open the gate and allow the bailiff to enter in the police station. Muhammad Iqbal F.C. was also present inside the police station. On this, the bailiff went back. After the departure of the bailiff, the police gave me beating and removed me from Police Station Bhong to Police Post Fazil Wah. I was released at 4‑00 p.m. on last Wednesday. The police officials had been giving fists blows to me. I have no mark of evidence on my person. I had not seen the police officials taking Rs.40,000 from my shop with my own eyes. When I went back to my shop, I found that Rs.40,000 were not there." Since Rasool Bakhsh has already been released, therefore, the question of setting him at liberty, does not arise. As far the allegations of wrongful confinement, beating, etc. against Irshad Ghulab, S.H.O. and other police officials, Rasool Bakhsh detenu may pursue his remedies before proper forum, if so advised. S.A./M‑1224/L Order accordingly.