P L D 1993 Lahore 118 (PLP)

Ahsan Saleem, D.S.P. WAPDA Anti-Corruption presently under suspension had recourse to this Constitutional petition with a view to questioning legality of his arrest and detention ordered by the Secretary, Home Department, Government of the Punjab, Lahore on 6-10-1992 for a period of three months at Sub-Jail Punjab Special Branch Chung, Multan Road, Lahore, under section 3(l) of the Punjab Maintenance of Public Order Ordinance, 1960 for the "reportedly maintaining thick/intimate contacts with certain members of a nortorious gang including Ch. Ejaz-ur-Rahim, Zareen Malik, Raja Kamran Afzal and Pervaiz Aftab Khan etc., involved in drug trafficking/arms smuggling and other illegal activities within and outside Pakistan"; "providing protection/cover to the members of the said gang for their various criminal nefarious activities" and "Providing wine to the abovementioned gang members"; urging non-service of the detention order, vagueness of the grounds enshrined therein and with the registration of a criminal case on the same count vide F.I.R. No.372 of 14-11-1992 under section 302, P.P.C. read with section 156(t)(8) of the Customs Act, 1969, 109, P.P.C., section 13 of the Prevention of Anti-National Activities Act, 1974; Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979 and section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Old Anarka'li, Lahore, preservation of the impugned order is unwarranted.

2. During the course of hearing whereof requiring the petitioner to enter appearance, learned Advocate-General was called upon -to arrange production of the record for ascertaining factual position.

3. Pursuant whereto Additional Secretary, Home Department making some of the record available (part whereof was produced by the S.P. Special Branch) revealed that on the reporting of a Federally contorlled Intelligence Agency (I.S.I.) qua drug-traffickers/arms smugglers, Ministry of Interior and Narcotic's Control (Interior Division) through letter dated 9-6-1,992 of the Additional Secretary, asked Government of the Punjab to detain all the gang members (excluding police officials) under Maintenance of Public Order Ordinance, 1960 and subject them to "detailed joint interrogation" at the Joint Interrogation Centre, Lahore (established under the Ministry of Interior since 1972. for "detailed Interrogation" of suspects jointly by Civil and Military Intelligence authorities) to unearth their undesirable activities including links with dacoits, and action against the police officials be considered in the light of the interrogation report. 4.. Whereunder though in the first phase detention orders for 11 persons namely (i) Raja Kamran Afial, (ii) Pervaiz Aftab Khan, (iii) Khalid Kazmi, (iv) Dr. Seeme Khatak, (v) Ch. Ejaz-ur-Raheem (vi) Zareen Malik, (vii) Rai Amir Muhammad Khan,'D.S.P., (viii) Ahsan Saleem, D.S.P., (ix) Haqnawaz Baloch Inspector Police, (x) Nasir alias Mithu S.I. and (xi) Shakeel alias Jagga A.S.I. were issued but could only be implemented qua the first four and with the approval of the Provincial Review Board have been extended; intended detainees Nos.(v) and (vi) have absconded while enforcement thereof qua the police officials has been declined by the Inspector-General of Police and, to the contrary, exculpating them through a domestic enquiry conducted by D.I.-G. Lahore Range, which the petitioner did not join, has sought withdrawal/rescission of the police officials' detention orders other than the petitioner (for wilful absence) vide letter dated 5-11-1992 addressed to the Secretary, Home Department.

5. Having perused the relevant material and visualizing the spectrum of attending circumstances in the sequence of precipitation thereof conjunctively with demeanour demonstrated by the Additional Secretary (Home), I have gained an inerasable impression that the police hierarchical apparatus has resolved to screen off the suspected police officials viz. instead of implementing the detention orders having been issued by the competent authority, venturing upon recalcitrance obstinacy assumed unto themselves. extra-legal role of review and blatantly impressed upon the Secretary (Home) for recalling of the detention orders invoking the instrumentability of a close circuit domestic enquiry to the exclusion of the Reporting Agency and with a view to perpetuating the latent objective, as a pre-emptive assault, manoeuvred registration of the criminal case so as to render the uniformed suspects immune from the unveiling exposure of the Reporting Agency, being the essential concomitant of the Joint Interrogation Centre prima facie amounting to frustrate. the legal process.

6. Be that as it may, the detention orders having been issued by the competent authority could be enforced by the Reporting Agency being a component of the Joint Interrogation Centre independent of the police strings for subjection of the suspects/intended detainees to "detailed interrogation" within the mandate of law.

7. Having entertained the view, expressed supra, in the larger public and national interest, further proceedings in the afore-referred case F.I.R. No.372 date.d 14-11-1992 are hereby injuncted pending finalisation of the interrogation by the Joint Interrogation Centre to the satisfaction of the Reporting Agency lest objective of the law be frustrated by a law enforcing limb of the State itself

8. While the petitioner, having opted not to enter appearance has rendered himself disentitled to discretionary relief. Accordingly, the petition is disposed of. M.B.A./A-304/1