1995 P Cr (PLP)

3. Statements of both the detenus have been recorded which are to the effect that they were arrested about fifteen days ago by the police party headed by Khaleeq Iqbal, A.S.I. and Ch. Arshad. Statement of Khaleeq Iqbal, A.S.I. was also recorded. He admitted to have arrested the detenus on 25-1-1995 in case F.I.R. No.281/94, Police Station City A-Division, Rahim Yar Khan the investigation of which case was entrusted to him on 20-1-1995. On cross- examination by the learned counsel for the petitioner, he submitted that the arrest of the alleged detenus had already been made in the Roznamcha prior to the arrival of the bailiff.

4. The report of the bailiff in the Roznamcha bears No.25 whereas according to A.S.I. Khaleeq Iqbal the arrest of the detenus had already been entered in the Roznamcha vide report No.37 which according to him is prior in time. In view of this anomaly. Khaleeq Iqbal, A.S.I. was directed to produce the original Roznamcha pertaining to the aforementioned date. On 8-2-1995, the daily diary/Roznamcha was produced. A perusal of the same shows that on. 25-1-1995, at Serial No.25, the bailiff of this Court made a note of the recovery of the alleged detenus and of the fact that after checking the Roznamcha he found that no entry with regard to their arrest had been made uptil then. Even the Muharrir, present in the police station at that time, was not aware as to why they (detenus) had been arrested. Notwithstanding this report an entry has been made vide report No.37 wherein both the said alleged detenus have been shown to be arrested in case F.I.R. No.281/94 registered under section 457/380/411, P.P.C. at Police Station City A-Division Rahimyar Khan. Entry No.37 which has been shown prior in time to entry No.25 written by the bailiff appears to be an afterthought and has been made dishonestly by tempering with the official record. If the said entry was in existence when the bailiff raided the premises of the police station, there was nothing to prevent the Muharrir present there to apprise the bailiff of the same. No explanation is coming forth as to why it was not brought to the notice of the bailiff at the time of raid. The complainant of the above-referred case (F.I.R. No.281/94, Police Station City A-Division, Rahimyar Khan under section 457/380/411, P.P.C.) present in Court alongwith his learned counsel submits that the challan in that case is already in Court. He does not deny that the recovery memos the said case evidence recovery of most of the stolen property. It is further admitted that the alleged detenus are not the accused in that case.

5. The statements of the alleged detenus that they were arrested 15 days prior to the day when the bailiff recovered them remained unchallenged as they were not subjected to cross=examination. Their arrest is admitted by Khaleeq Iqbal, A.S.I. and his assertion that it was made on 25-1-1995 (the day bailiff raided the police station) is belied by the report of the bailiff which has been signed by me and is mark A with this petition which is to the effect that there was no entry in the Roznamcha qua the arrest of these detenus. Thus, the A oral evidence of the detenus stands corroborated by the documentary evidence and the police record itself. The learned counsel for the complainant (of case F.I.R. No.281/94, Police Station City A-Division, Rahimyar Khan) as also the complainant present in Court, to be fair to them, admit that the set of accused facing trial in the aforementioned case is different and that the detenus are not even named in the F.I.R.

6. For what has been discussed above, the arrest of the alleged detenus, namely, Hazoor Bakhsh son of Meran Khan and Allah Ditta son of Rahlm Bakhsh is declared to be without lawful authority and of no legal consequence: They are set at liberty..

7. A perusal of the facts and circumstances of this case indicate that in arresting the detenus Khaleeq Iqbal, A.S.I. acted in utter contempt to law. They were kept in police lock-up without having been produced before a Magistrate in a case which was already pending trial. It resulted in mental torture and undue expense to the petitioner (on filing the petition) as also to the alleged detenus who remained in an illegally confinement. I, therefore, burden Khaleeq Iqbal, A.S.I. with a cost of Rs.6,000 (Rupees six thousand I C only) which shall be given to the detenus in equal share.

8. A copy of this order shall be sent to Superintendent of Police, Rahimyar Khan who shall take appropriate action under the law against the p delinquent police officials of Police Station City B-Division Rahimyar Khan under intimation to the Additional Registrar of this Court for information of this Bench.

9. It is, however, made clear that this order shall not prevent the alleged detenus, namely, Hazoor Bakhsh son of Meran Khan and Allah Ditta son of Rahim Bakhsh to pursue their legal remedies before any civil or criminal Court, if they so decide.

10. A notice of Contempt of Court was issued to the Acting S.H.O. (of Police Station City B-Division Rahimyar Khan) vide this Court's order, dated 6-2-1995 for non-compliance of order of this Court, dated 26-1-1995 vide which he was directed to produce the register of Daily Diary of his police station. He has not entered appearance. It seems that he has not been served. Let fresh notice of Contempt of Court be issued to him for 12-3-1995. An independent file shall be constructed in this regard.

11. This petition is disposed of in the above-noted terms. N.H.Q./D-47/L Petition allowed.