1999 PLP 2912 (MLD)

(b) Criminal Procedure Code (V of 1898)

S. 491

Habeas corpus, petition for

Custody of detenu, prima facie, was illegal

Police officials did not produce file for perusal of bailiff

Facts showed that Police acted with ulterior motive and collusion

Conduct of Police was highly objectionable

Copy was sent to D.I.-G. Police for proceeding against Police Officials departmentally and registration of case. Tanvir Rehmat Awan, Bailiff for Respondent The bailiff has submitted the report. The same is placed on record as Exh. C-1. According to the report the detenu was found in the room of the A.S.I. with fetters on his legs. The S.H.O. states that he was summoned from jail through Court on 14-1-1999 for the investigation in case F.I.R. No.513 of 1998, dated 3-10-1998. He added that he investigated the matter and by the time the Bailiff reached at the spot he was convinced that he was not involved in the said case.

2. Rana Muhammad Arshad, Advocate alleged that the petitioner was summoned from jail illegally and mala fide. The detenue is a respectable person who happened to purchase the property of worth Rs.30,00,000 but unfortunately litigation started and a case under Anti-Corruption Laws was registered with the Anti-Corruption Police and he was arrested and remanded to the judicial lock- P` up. It is added that the particulars of the untraced accused given in the F.I.R. No.513 of 1998 did not at all tally with the detenu. It is added that respondent No.2 was trying to support illegally and mala fide Manzoor Ahmad with whom the petitioner has the dispute over the sale of the property. The case with the Anti-Corruption Police was also got registered by the Gunman of the said Manzoor.

3. In this view of the matter, the petition is allowed with costs. The detenue shall immediately be sent to the District Jail, Faisalabad.

4. The conduct of respondent No.2 as well as Muhammad Aslam, A.S.I. and Ijaz Ahmad, Moharar H.C. is highly objectionable. They failed to produce the file for the perusal of the bailiff. Taking the detenu into custody prima facie was for ulterior motive because if it was genuine the A.S.I. should have interrogated the detenu in the office of the Superintendent Jail or in the jail in order to find out whether there was any truth in the allegations against him. Neither his age nor his particulars as to the face tally with the F.I.R. He is over 40 years age and a rich person. All these facts goes against the respondent No.2, and his subordinates who prima facie acted with ulterior motive and collusion with Manzoor Ahmad. Let copy of this order be sent to D.I.-G., Faisalabad who is directed to hold a discreet inquiry in the allegations against the respondent No-2 and his subordinates and in case the allegations will prove then not only they should be protected against under Police E&D Rules but also a criminal case should be registered against them. A report in this behalf to be submitted to the Registrar of this Corn within two months from today.

5. A report shall also be obtained from . Superintendent District Jail, Faisalabad as to why the fetters were put on the legs of the accused in an anti-corruption case and more so when he appeared to be a respectable person. The report to be submitted to the Registrar of this Court within 10 days. C.M.S/M.A.K./M-1056/L Order accordingly