1995 P Cr (PLP)

Petitioner through this Constitutional petition has sought direction in the nature of writ, of mandamus to the effect that respondent Home Secretary shall deliver the custody of Muhammad Riaz son of Allah Ditta, a lunatic who was arrested in F.I.R. No.409 registered on 17-12-1980 under section 302, P.P.C. by functionaries of Police Station Sadar, Gujrat. It is petitioner's case that aforesaid Muhammad Riaz was examined many a time by different doctors, all of whom have found him insane. He is rottening in jail for the last 14 years and the start of his trial is not within sight. In order to establish her credential the petitioner has appended a few documents showing that in similar circumstances she was handed over the custody of insane persons by Home Department. Today learned Law Officer has placed on record the report of Medical Board who examined Muhammad Riaz on 28-11-1994. The report is as under:-- "The Medical Board constituted vide orders bearing No.13100-103, dated 28-11-1990 on the order of the Honourable Lahore High Court, to examine undertrial, Mr. Muhammad Riaz son of Allah Ditta, involved in case F.I.R. No.409/80 under section 302, P.P.C.; Police Station Sadar, Gujrat. The Board studied the personal file maintained at the Government Mental Hospital, Lahore and the follow-up notes recorded by the Psychiatrist, presently looking after him at the District and Camp Jail, Lahore. The documents sent alongwith the orders were also studied. The patient Muhammad Riaz son of Allah Ditta was examined and assessed by the Board. The Board was of the unanimous opinion that he is still insane, unstable in spite of treatment and is potentially harmful for the others." It is pertinent to mention over here at this juncture that the fact that Muhammad Riaz is insane, is also reflected from the F.I.R. which was got recorded by his father Allah Ditta for the murder of his young son wherein he had mentioned that the said Riaz remained in Mental Hospital for one and a quarter year and was brought only two days of the fatal incident. In the circumstances' keeping in view the past performance of the petitioner, it is directed that the Home Secretary shall take immediate steps making arrangements for delivery of the custody of Muhammad Riaz son of Allah Ditta to the petitioner in accordance with law and rules after taking sufficient security required under the law. Disposed of in the above terms. A,A:/C-57/L Order accordingly.