1994 P Cr (PLP)

Mst. Ahmedi Begum petitioner is paternal grandmother of Aamer Iqbal (22 years), Mansoor Iqbal (21 ears) and Masood lqbal (minor). Alleging illegal and unnecessary harassment being caused to the petitioner and her other family members including the afore-referred brand grandsons, they filed a Constitutional Petition bearing Writ Petition No.145W of 1993 against the respondent S.H.O. Police Station Qila Gujar Singh, Lahore seeking appropriate directions therein. The said case was disposed of by this Court on 17-10-1993 directing the respondent-S.H.O. to perform his functions while, remaining within the four corners of law. In other words, he shall not cause any undue and unwarranted harassment to the petitioners and their family". She also filed a Criminal Miscellaneous No.816/H of 1993 seeking release of her grandchildren afore-referred and, according to learned counsel for the petitioner, the said Habeas Corpus Petition was disposed of by this Court on 17-10-1993 by ordering the release of detenus Aamer Iqbal and Masood Iqbal while Mansoor Iqbal detenu was left in the custody of the respondent-S.H.O. as he was required in some criminal case. He further states that the custody of Mansoor Iqbal was left with the respondent-S.H.O. with a direction that only legal action shall be taken by him against Mansoor Iqbal afore-referred. Mansoor Iqbal was taken into custody on 17-10-1993 and, without registering any case against him, he was illegally detained at the police station for 7 days whereafter he was produced before the Illaqa Magistrate on 24-10-1993, as a suspect having been arrested under section. 54, Cr.P.C. The instant Constitutional .petition has been filed by the petitioner with a prayer that the respondent-S.H.O."... be directed to produce the said Mansoor Iqbal....." so that this Honourable Court may judge the actual position, and if he is not required in any case, he be set at liberty. . "It is further prayed that the respondents may kindly be directed not to move the said Mansoor Iqbal from Lahore without obtaining permission from the relevant Court. The respondent may also be directed not to torture or harass the said Mansoor Iqbal illegally, or any other relief which this Honourable Court may deem fit and proper may kindly be awarded."

2. I have heard the learned counsel for the petitioner at some length. He has referred to the contents of the petition to contend that the arrest of Mansoor Iqbal under section 54, Cr.P.C. was brought to the notice of this Court at the time of disposal of Criminal Miscellaneous No.816/H of 1993 and a direction issued to the respondent-S.H.O. to proceed in the cause in accordance with law. It is also the case of the petitioner herself that her grandson was taken into custody under section 54, Cr.P.C. on 17-10-1993 and thereafter he was produced before the Illaqa Magistrate, on 24-10-1993, perpetuating his detention throughout. It is not the case of the petitioner that the respondent-S.H.O. will not proceed in accordance with law by obtaining necessary orders from the competent Court for taking Mansoor Iqbal along to Rawalpindi for the investigation of case F.I.R. No. 247/93 registered on 19-5-1993 under section 379, P.P.C. That being the position, no ground for issuing the writ prayed for has been made out. It would be only in the event of any illegal action taken against Msansoor Iqbal that he, or anybody else on his behalf, will have the requisite locus to impugne the same before the I appropriate forums, then. With the above observation this petition stands disposed of. N.H.Q./A-569/L Order accordingly.