1979 PLP 471 (SCMR)

Abdul Hamed Malik, Advocate Supreme Court and Sh. Ijaz Ali, Advocate on‑Record for the State. Respondent No. 1 in person. MUHAMMAD AKRAM J.‑This is a petition for special leave from an order dated 12th of April 1978, passed by a learned Single Judge of the Lahore High Court at Lahore in allowing bail to Raja Anar Khan respondent. Briefly stated according to the F. I. R. lodged by the petitioner, he along with Dr. Captain Nasir Ahmad. P. N. A. candidate for the National Assembly, Mian Mahboob Alam, P. N. A. candidate for the Province Assembly and some others were holding a meeting of the P. N. A. at the house of one Bashir Ahmad Shamsi where they had assembled for the purpose on the 20th of March 1977. But before the meeting the house was encircled by some of the Government officials namely Mr. Muhammad Siddiq, Resident Magistrate, Kamalia, Raja Anar Khan (petitioner) Police Inspector, Rehmat. Ullah Niazi, the then S. H. O., Kamaka, Mr. Haq Nawaz, A. S. I: and Abdur Rashid, Head Constable, Police Station Kamalia, along with some others armed with pistols and sticks. In this situation it was decided in the meeting that they would go out of the house with Holy Qur'an hanging around their necks and offer themselves for arrest. In accordance with this decision Dr. Captain Nasir Ahmad, candidate for the National Assembly and some others came out of th house to court arrests. On this the above‑named Government official and others armed with pistols and sticks started belabouring them and Dr. Captain Nasir Ahmad was brutally manhandled and humiliated. They were then taken into custody by the accused officials. After that they also broke open the door of the house and attacked the petitioner. Mian Mahboob Alam, Advocate, P. N. A. candidate for Provincial Assembly and some others including Talib Hussain. They stripped off their clothes and in the half‑naked condition they‑ were taken to the Bazar inflicting injuries on them. They also abused and humiliated the petitioner and his party men in the open. Mr. Muhammad Siddiq, Resident Magistrate openly threatened to even put the house on fire and annihilate the supporters of the P. N. A. One of the injured persons namely Talib Hussain became the main victim of these atrocities. Raja Anwar Khan pierced his nostril with a safety pin, made a string with a torn cloth, tied at with the safety pin so as to form a nukel. He was then beaten and made to dance like an animal by the respondent. The injured and half naked persons were driven through the streets and taken to the house of the leaders of the Pakistan People's Party. In all 97 injuries with blunt arid sharp‑edged weapons, three of these were later on found grievous, were inflicted to these victims who suffered the wrath of the accused persons. In the process of beating the injured persons were also deprived of their belongings. After the occurrence the present petitioner along with others were at first arrested. But he was subsequently released on the 15th of April 1977 and on the 22nd of April 1977 he drafted an application for the registration of the case. But as the law‑enforcing agencies were then‑.selves the accused persons, the petitioner failed to get the case registered against them. He also approached the S. S. P. in this connection but in vain. Ultimately he filed a writ petition in the High Court and under the order of the High Court at Lahore made on the 11th of January 1978 this case was registered at the police station against the accused at first under sec tions 323, 342, 355 and 352, P. P. C. On the further investigation b5 the Crimes Branch a few more offences under sections 148, 149, 325, 382 and 109, P. P. C. were also added. After the registration of the case four applications, one by Rehmat Ullah Khan Niazi, Haq Nawaz, Abdur Rashid and Raja Anar Khan, the second by Javed Ahmad Khan Kharal and Badar Din, the third by Muhammad Siddique, Resident Magistrate, Kamalia, and the fourth by Mushtaq Ahmad were moved before the Additional Sessions Judge, Faisalabad praying for their pre‑arrest bail. But all these four applications were dismissed by him after hearing on the 16th of March 1978. In spite of this somehow accused Muhammad Siddiq, Resident Magistrate, Kamalia is said to have been released on bail by the Deputy Magistrate, Faisalabad on the same day. But a copy of this order was not placed on this record. The other accused then submitted four separate applications in the High Court for their pre‑arrest bail. These applications were heard together and accepted by a learned Single Judge and the interim bail earlier granted to them was confirmed. The learned Judge was of the opinion that there was inordinate delay in lodging the F. I. R. the offences charged against the accused were mostly bailable and even the offences under sections 325 and 382, P. P. C. were previously bailable and such offences are usually tried by Magistrates of the Second Class, that there was no specific allegations in the F. I. R. or in the complaint as to which of the accused had caused grievous injuries to the witnesses and that nothing had been recovered from the accused although they had been joining the investigation. Except for the three injuries the rest of the injuries were simple caused by blunt weapon. The petitioner Rai Ata Ullah Khan felt aggrieved against the consolidated order passed in the case. He therefore, moved four Petitions for Special Leave to Appeal Nos. 172, 173, 174 and 175 of 1978 in this Court. Out of these, on 26th of June 1978, a learned Division Bench of this Court dismissed the three petitions bat issued notice to the respondents in the instant Petition No. 174 of 1978. In dismissing the other three petitions arising out of the same incident this Court was of the opinion that the learned Judge of the High Court, after an elaborate discussion of all the relevant factors had reached the conclusion that the respondents in these cases were entitled to the concession of bail and that his order thus passed in the exercise of the discretion vested in him was not liable to be interfered with in these proceedings. In these circumstances the above petition for special leave has been put up before us after notice to the respondents. We have heard the learned counsel for the parties at considerable length. We cannot help observing that the allegations made in the F. I. R. (in case there is any truth in them) are shocking to one's conscience and that the local administration, including the magistracy and the police, responsible for maintaining law and order, should have stooped so low and acted as a tool in the hands of the local leaders of the party in power for their political ends It was to say the least reprehensible and could not be looked at with equanimity. We were also greatly disturbed to find that in spite of the fact that this incident with its harrowing tale to tell had taken place far back on the 20th of March 1977 but those responsible for the investigation into the case did not seem to have taken sufficient interest to complete it without any loss of time. In fact we were surprised to find that not even an incomplete challan had been put in Court. It goes without saying that on the allegations made in this cue there was hardly any room of this unwarranted complacency thus shown in bringing the culprits to the book. In so far as Raja Anar Khan, respondent No. 1 is concerned he was posted as the Inspector Police in charge at the time. In the F. I. R. there are not merely the general allegations against him. He was also attributed a specific role and that too a most despicable and reprehensible one. He is alleged to have pinned the nostril of Talib Hussain, a victim of the atrocities, with a safety pin, made a string with a torn cloth, hooked in so as to form a nuke). He was then beaten and mad with the safety p to dance like a monkey and taken round the streets in public. The medical report of the injuries found on the person of Talib Hussain prima facie lends support to the case against him. At the hearing before us we could not resist viewing the part played by him with great concern. But then we were constrained to find that according to the medical certificates produced before us the respondent is infirm. According to the medical certificate dated 3‑4‑1979 issued by Dr. A. Raus Yusaf, Consultant Cardiologist and Physician, Lahore, he has high blood pressure, angina (heart disease) and gastritis (stomach ulcer) and was found unfit for work. His previous medical reports also go to show that he is heart patient. In these circumstances we have reluctantly refrained from interfering with impugned order passed by the High Court in the case of the respondent. At the same time we hope and expect that by now the complete challan must have been put in Court and we direct the trial of the accused should be completed without any further delay within a period of 3/6 month from to day. With these observations this petition is dismissed. KARAM ELAHEE CHAUHAN, J.‑I agree. Petition dismissed.