1992 PLP 2473 (MLD)

MUKHTAR AHMED JUNEJO, J.‑‑‑In this Constitution petition, petitioner Muhammad Zaman has challenged arrest and detention of his brother Wali Muhammad at hands of different police stations, to be without lawful authority, without jurisdiction and of no legal effect. According to the petition, detenu Wali Muhammad was arrested from his house on 25‑6‑1992 by S.D.O.P. Qasimabad and S.H.O. Qasimabad Police Station. He was kept in detention and remand for his custody was obtained in case of F.I.R. No.24 of 1992 of Qasimabad Police Station till 7‑7‑1992 when he was shown released in F.I.R. No.24/92 but put in custody of S.H.O. Bhitai ` Nagar Police Station. Bhitai Nagar Police detained him by obtaining his remand in F.I.R. No.18/92 of Bhitai Nagar Police Station till 19‑7‑1992. On 19‑7‑1992 custody of , Wali Muhammad was given to S.H.O. Baldia. Thereafter this petition was filed on 22‑7‑1992:‑ Notice was issued to learned AA.‑G., at Hyderabad to assist the Court. Notice was also issued to S.H.O. Baldia Police Station, Hyderabad to appear in Court alongwith detenu Wali Muhammad and show the authority under which he was detaining Wali Muhammad. Mr. Abdul Lateef Ansari, AA.‑G. has filed with his statement comments of respondent No.2 Khuda Bux Shaikh S.I. Qasimabad, comments of respondent No.3 viz. S.I.P. Muhammad Murad Channa the then S.H.O. Qasimabad Police Station on 27‑6‑1992 and of Ghulam Rasool Mari present S.H.O. Qasimabad Police Station, the comments of respondent No.4 Irshad Ahmed Soomro S.H.O. Bhitai Nagar Police Station and the comments of respondent No.5 viz. S.H.O. Baldia Police Station but signed by an A.S.I. and countersigned by the S.H.O. Baldia. These comments more or less support the facts given in the main petition. Inspector Khuda Bux Shaikh, S.D.O.P. Qasimabad stated in his comments that Qasimabad Police arrested Wali Muhammad in their F.I.R. No.24 of 1992 on 27‑6‑1992 but released him on 7 7‑1992. That Bhitai Nagar Police arrested Wali Muhammad on 7‑7‑1992 and kept him in custody on the basis of case of F.I.R. No.18/92 Police Station Bhitai Nagar till 19‑7‑1992, when he was released from F.I.R. No.18/92. He added that Wali Muhammad was thereafter arrested by Baldia Police on 21‑7‑1992 and released on 1‑8‑1992. An A.S.I. of Baldia Police Station stated in his statement that Baldia Police arrested Wali Muhammad on 21‑7‑1992 and obtained his remand in‑ custody from time to time till 4‑8‑1992 in the case of F.I.R. 18 of 1992 of Baldia Police Station. S.I.P. Irshad Ahmed S.H.O. Bhitai Nagar confirmed Inspector Khuda Bux that Bhitai Nagar Police arrested Wali Muhammad on 7‑7‑1992 and released him on 19‑7‑1992. Muhammad Murad Channa the then S.H.O. Qasimabad on 27‑6‑1992 confirmed Inspector Khuda Bux that Wali Muhammad was arrested on said date in F.I.R. No.24/92 of Qasimabad Police Station and was detained till 6‑7‑1992. Ghulam Rasool Mari present S.H.O. Qasimabad Police Station took remand of Wali Muhammad till 8‑7‑1992 in F.I.R. No.24/92 of said police station. Aforesaid facts coming from the police officials show that Wali Muhammad was being detained by a particular police for some period and then released on paper with transfer of custody to another police station. He was detained by Qasimabad Police (27‑6‑1992 to 7‑7‑1992) by Bhitai Nagar Police, (7‑7‑1992 to 19‑7‑1992) and' by Baldia Police, (21‑7‑1992 to 1‑8‑1992). Presently he is detained since 2‑8‑1992 by Sakhi Pir Police Station in F.I.R. No.6/91. His release in F.I.R. No.24/92 of Qasimabad Police Station on 27‑6‑1992, in F.I.R. No.18/92 of Bhitai Nagar Police on 19‑7‑1992 and in F.I.R. No.18/92 of Baldia Police Station on 1‑8‑1992 shows that he was innocent in said crimes and was unjustiably arrested and detained. In this way his arrest appears mala fide in said cases as well as in the case of F.I.R. No.6/91 of Sakhi Pir Police Station. It was conceded that name of the detenu did not appear in any of the said F.I.Rs. Presently the detenu is detained in the case of F.I.R. No.6/91 of Sakhi Pir Police Station. We have therefore, perused said F.I.R. and have questioned S.H.O. Muhammad Akbar of Sakhi Pir Police Station as to what investigation has been done in said crime. Said S.H.O. is present with the detenu whose name does not appear in F.I.R. No.6/91 of his police station. But he was to be identified by the complainant, who is the only witness in said F.I.R. as per said S.H.O. In reply to a Court question, as to what investigation was done in the past in respect of F.I.R. No.6/91, the S.H.O. stated that in the past one . Muhammad Ali was arrested on 10‑3‑1991 but was released on 16‑3‑1991 when he was not identified by the complainant. In this way Muhammad Aslam and Munir were arrested in said F.I.R. on 18‑2‑1992 but they were released on 25‑2‑1992 without being put to identification test, he added. Lastly the S.H.O. stated that one Haji Nawab had been arrested in said F.I.R. on 26‑7‑1992 and he continued to be in custody, for being put to identification test. We have heard learned counsel for the petitioner and learned AA: G. for the State. The facts and circumstances of the case give clear indication that the series of arrests of Wali Muhammad were mala fide. It is unfortunate that powers vesting in the police officials are being abused, without any limit. Practice of detaining a person in a series of blind F.I.Rs. one after the other has been deprecated by the superior Courts of this country and we cannot permit the same to happen in this case. The arrest of Wali Muhammad in the F.I.R. No.6 of 1991 appears to be for some reason, other than for honest investigation of said F.I:R. He has been in custody of Sakhi Pir Police since 2‑8‑1992 with little progress. In the circumstances we find detention of Wali Muhammad in custody of Sakhi Pir Police to be mala fide and unjustified. Consequently we accept this application but instead of ordering outright release of Wali Muhammad we direct his release on bail in sum of Rs.50,000 with P.R. bond in the like amount to the satisfaction of the Additional Registrar of this Court at Hyderabad because he is to be put to identification test in said F.I.R. N.H.Q:/M‑1700/K Petition accepted.