1997 P Cr (PLP)

S. 491

Habeas corpus petition

Detenu according to Bailiff's report was found detained in the police station in handcuffs and fetters without any entry in the Roznamcha relating to his arrest

Statement of detenu regarding his having been taken into custody by the police about 20 days ago was supported by the report of the Bailiff

Detenu had also complained of torture by the S.H.O.-- S.H.O. had denied the contents of the bailiff's report stating that the detenu being required in a case registered under 5.458/380, P.P.C. had been taken into custody

Bare denial of S.H.O. in view of the report of the bailiff and the statement of the detenu, was not sufficient to accept that the detenu was taken into custody shortly before the visit of the bailiff

Detenu was set at liberty in circumstances with the direction to S.S.P. to conduct an inquiry into the allegations of illegal detention with torture and making the police station as private jail against the S.H.O. and other police officials involved in the case-- Report of such enquiry was to be sent to Registrar of High Court within a fortnight. P.A. Farooqi for Petitioner. Maik Muhammad Aslam for Respondent. The report submitted by the bailiff reveals that Muhammad Ajmal detenu was found in the gallery of a room of police station in handcuff and fetters. The Roznamcha does not contain entry relating to the arrest of the detenu. The detenu states that he was taken into custody about 20 days ago which fact is also mentioned in the report of bailiff. He also makes complaint of torture by S.H.O.

2. The S.H.O. denies the contents of the report stating that detenu being required in case F.I.R. No.198/96 registered under section 458/380, P.P.C. on the report lodged by Haji Ghulam Nabi was taken into custody on 11-12-1996 at 4 p.m. Keeping in view the report of bailiff and the statement of detenu, the bare denial of S.H.O. is not sufficient to accept that detenu was taken into custody shortly before the visit of bailiff.

3. Let a copy of this petition alongwith the report of bailiff be sent to S.S.P., Rahim Yar Khan who looking into the conduct of S.H.O. shall conduct an inquiry into the matter and ascertain the correct position. The allegation of illegal detention with torture and making police station as private jail curtailing the liberty of citizen if found correct shall proceed against the S.H.O. and other, police officials involved in the case and fix their liability for departmental action under the Police Rules in addition to the criminal liability if any. The report of the action taken by S.S.P. shall be submitted to the Deputy Registrar of this Court within 15 days.

4. Muhammad Ajmal detenu is set at liberty. He may if so advised proceed against the S.H.O. separately through a private complaint. However, this order will not affect the investigation of the case by the S.H.O. With the above observation this petition stands disposed of. N.H.Q./G-32/L Petition accepted.