1992 P Cr (PLP)

‑‑‑‑S. 491‑‑‑Alleged detenus, admittedly were accused mentioned in F.I.R registered at police station concerned under sections 506 & 148/149, P.P.C. and some of them, after their arrest, had been detained in police lock‑up while two had been arrested by a police officer and brought to police station a few moments earlier than raid conducted by bailiff and for that reason no entry of their arrest had been made in daily diary register ‑‑‑Detenus in circumstances were rightly arrested by police in case as accused and their custody was not illegal Mian Sarfaraz‑ul‑Hassan for Petitioner Aftab Shirazi for Respondent No.

1. Persuant to the preceding order, the Bailiff of this Court raided Police Station Beguwal, District Sialkot, on 17‑6‑1992 and found the five detenus, named in the petition, in police custody. Muhammad Azam, Sikandar Hayat and Ghulam Mustafa stood confined to the police lock‑up, while Umar Farooq and Muhammad Khalid were found handcuffed in the custody of A.S.I. Manzoor Ahmad. However, there was no entry of their arrest in the police Roznamcha and for that reason the Bailiff handed over their custody to Abdul Rauf petitioner for their production before this Court today.

2. If there was no entry in the police Roznamcha about the arrest of the detenus. then the bailiff should have asked the S.H.O. to produce them before this Court today and he should not have obtained their release from the police custody for handing them over to the petitioner for their production today. In that respect he exceeded his mandate and is cautioned to be careful,

3. The dispute between the petitioner, the alleged detenus and certain other persons on the one side and Muhammad Tufail, respondent No.2 on the other was with regard to a piece of land, which was allegedly donated by a non Muslim after accepting Islam, to a mosque. Muhammad Tufail respondent and certain other persons affirm this donation, while Muhammad Khalid detenu, claims himself to be the tenant in possession of the land as also its legatee from the Muslim convert. Muhammad Tufail respondent has filed a suit on behalf of the mosque against Muhammad Khalid detenu, challenging the validity of the will and a stay order allegedly stands issued in his favour against the detenus. The latter alongwith their companions, allegedly taking the law in their own hand, have committed certain offences against Muhammad Tufail respondent (complainant) on whose application a case has been registered against them

4. It is argued on behalf of the petitioner that the detenus had been retained at the police station without lawful authority and they were rightly,, got released by the Bailiff deputed by this Court.

5. The application has been opposed on behalf of the respondents on the ground that Muhammad Khalid and his companions, the alleged detenus, were accused mentioned in case F.I.R. No. 92 registered at Police Station Beguwala on 11‑6‑1992 under section 506, 148/149, P.P.C. and some of them after their arrest had been detained in the police lock‑up while two had been arrested by an A.S.I. and brought to the police station a few moments earlier the raid conducted by the bailiff and for that reason no entry of their arrest had been made in the daily diary register.

6. It appears that Muhammad Khalid,, and other four detenus were rightly arrested by the police in the said case as accused and their custody was not illegal. The habeas corpus petition is, therefore, dismissed. They can be retaken into custody. H.B.T./A‑177/L Petition dismissed.