1997 PLP 1331 (MLD)

‑‑‑‑S.491‑‑‑Habeas corpus petition ‑‑‑Detenu was found to have been under the illegal and improper custody of the police officer who was incharge of the police post ‑‑‑Detenu was consequently set at liberty‑‑‑Police officer by illegally detaining the detenu had taken the law in his own hands and violated the Constitutional guarantee of a citizen with respect to his liberty which was a serious matter‑‑‑Costs of Rs.2,500 were, therefore, imposed on the police officer to be paid to the detenu. Malik Qadir Bakhsh Thaheem and Malik Javid Akhtar Vains for Petitioner. Date of hearing: 23rd May, 1995. Muhammad Manzoor petitioner is the father of Muhammad Ashiq who filed this petition under section 491, Cr.P.C. for the recovery of his said son Muhammad Ashiq by expressing that he was under the illegal and improper custody of Mahr Muhammad Riaz, A.S.I. Incharge Police Post Bagh Wala Police Station Alpa, Multan/respondent No.2 who had apprehended him without any legal justification and was also under the illegal and improper custody of S.H.O., Police Station Alpa, District Multan. According to Muhammad Manzoor petitioner, Mahr Muhammad Riaz A.S.I./respondent No.2 demanded the illegal gratification from his son who could not pay the same and was being detained especially when no case was registered against him.

2. Giving the weight to the recitals of the application a Bailiff was deputed on 22‑5‑1995 for the recovery of Muhammad Ashiq alleged detenu. Mr Jahangir Khan Bailiff of this Court has submitted his report and has also produced Muhammad Ashiq alleged detenu.

3. Both Syed Hassan Shah, S.I./S.H.O., Police Station Alpa and Mahr Muhammad Riaz, A.S.I. Incharge Police Post Bagh Wala, Police Station Alpa, District Multan are present. The S.H.O. has intimated that he had gone out to Sheikhupura in connection with the investigation of a case and did not visit Police Post Bagh Wala. The report of the Bailiff is that no case stood registered against Muhammad Ashiq detenu at Police Station Alpa, District Multan and that even no report was entered in the Daily Diary either in Police Post Bagh Wala or in Police Station Alpa, District Multan. Thereafter he took Muhammad Ashiq under his custody and directed the aforesaid Police Officers to appear before this Court.

4. Today the stand of Mahr Muhammad Riaz, A.S.I. is that Muhammad Ashiq came to Police Post Bagh Wala of his own free will who was sitting at a bench when the Bailiff arrived there and took him in his custody. According to him no case was registered against Muhammad Ashiq. However, Muhammad Ashiq brought this fact to the notice of this Court that Mahr Muhammad Riaz, A.S.I. had deprived him of his wrist watch, one silver ring and cash amount of Rs.300. On this Mahr Muhammad Riaz, A.S.I. expressed that he was in possession of wrist watch only. This contradictory stand of Mahr Muhammad Riaz, A.S. I. has made me to hold that he had called Muhammad Ashiq who had detained him when he took into his possession his wrist watch. Before this Court Mahr Muhammad Riaz, A. S.I. expressed that he would contact the Moharrir/Head Constable about the silver ring and the cash amount of Rs.300. All this has established that Muhammad Ashiq was under the illegal and improper custody of Mahr Muhammad Riaz, A.S.I., Incharge Police Post Bagh Wala, Police Station Alpa, District Multan. As such he is set at liberty.

5. At this stage I am tempted to express that Mahr Muhammad Riaz, A.S.I. took the law in his hands by illegally detaining Muhammad Ashiq and acted clearly in breach of law who violated the Constitutional guarantee of a citizen. According to Muhammad Ashiq he was given beating. To deprive a citizen of his liberty is a serious matter. Such highhandedness on the part of Mahr Muhammad Riaz, A.S.I. Incharge Police Post Bagh Wala, Police Station Alpa, Multan cannot be ignored who must be penalized. In the circumstances I impose Rs.2,500 (rupees two thousand five hundred only) as costs on Mahr Muhammad Riaz, A.S.I. to be paid to Muhammad Ashiq detenu who shall bring the said amount alongwith the articles of Muhammad Ashiq mentioned above on 25‑5‑1995 in the Court failing which the same shall be recovered from his salary. N.H.Q./M‑2507/L?????????????????????????????????????????????????????????????????????????????? Petition allowed.