P L D 1996 Lahore 325 (PLP)

Vol. XLVIII Rana Muhammad Afzal, Advocate had filed this writ petition to order registration of a case against the concerned police officials. He was prompted to file this petition on seeing a photograph appearifig in daily "Jang", Lahore dated 8‑11‑1995 with the caption: Lr' LJ) 1J zj~ '__ L),‑, J; t ‑ ea_ ‑ LJ Z'/ According to the petitioner, the srene as it appears on the photograph is violative of Article 14 of the Constitution of Islamic Republic of Pakistan, which provides that dignity of man shall be inviolable and that no person shall be subjected to torture for the purpose of extracting evidence.

2. A report was called from the Inspector‑General of Police, Punjab, Lahore to supply the particulars of the police officials appearing in the photograph in question. In compliance with the order, the L‑G. Police reported that the officials seen in thephotograph were as under:‑‑ (1) Inspector Riasat Javed, S.H.O. (2) Shaukat Ali, H.C. No.3565. (3) Abdul Razzaq, Constable No.8540.

3. The petitioner informed the Court that he had learnt from the news item appearing in daily "Khabrain" of 16‑11‑1995 that the person who was being subjected to torture was Zulfiqar and requested for summoning him to find out the true position. The request was granted. His statement was recorded on 23‑11‑1995. According to him he was apprehended by Baghbanoura Police and tortured in the police station under the orders of Riasat Javed Bajwa, Incharge of the said Police Station. According to him, he was kept in illegal detention for about 10‑12 days and that prior to his production before a Magistrate, Riasat Javed Bajwa told him that he should confess before the Court of having been apprehended while committing dacoity, but.he declined to do s;. After seeing the photograph as appearing in daily "Jang", he stated that this was the true picture of the maltreatment meted out to him by the police under the supervision of Riasat Javed Bajwa, Inspector.

4. During the pendency of the writ petition brought by Rana Muhammad Afzal, Advocate, Shaista Kaiser, advocate also filed Writ Petition No. 16699/95 seeking the issuance of a direction of this Court that police should not physically torture persons while they are in their custody and those who are in jail and praying for the registration of criminal case against the persons, shown in the photograph, mentioned above.

5. Khalid Ali Bhatti also. filed Writ Petition No. 17394/95 stating that the true ‑facts had not been brought to the notice of the Court and that Zulfiqar Ali shown in the photograph had trespassed into his house to commit dacoity, on putting up resistance he was injured with a dagger. He added that on the hue and cry raised by inmates of the house, the police arrived and apprehended Zulfiqar Ali. The public at large subjected him to beating. The matter was reported to the Police by him on 27‑10‑1995 who registered a case under sections 353, 392, P.P.C. and 13 of the Arms Ordinance (XX of 1965). 6., The Inspector‑General of Police, Punjab has reported that the police officials concerned have been placed under suspension and are being proceeded against department‑ally for misconduct. A criminal case under sections 342. and 337‑K, P.P.C. has also been registered against them on the report of Zulfiqar Ali.

7. Learned counsel for the respondents have contested the petition. According to them, the petitioner is not an aggrieved person as he is neither a relative of Zulfiqar Ali nor a witness in the case. Furthermore Article 6 of the Constitution does not constitute an offence. The photograph in question does not represent the true story. No person can dare to torture an accused in the police station publicly, it Js added. It was taken at a public place and under the circumstances as narrated by Khalid A1i Bhatti.' As a matter of fact, the respondents had rescued Zulfiqar Ali from the hands of the public, who wanted to teach him a lesson for having attempted to commit dacoity in the house of Khalid Ali Bhatti. The registration of case at his instance against Zulfiqar Ali prior to the publication of the photograph in question in the Press lends corroboration to the version of the respondents and belies Zulfiqar Ali.

8. Both the writ petitioners had prayed for the registration of case against the police officials, seen in the photograph and also to take suitable action against them. As regards the first prayer it may be stated that a criminal case has been registered against the police officials under the relevant provisions of law. With the suspension of the police officials and initiation of departmental action against them, second prayer has also been granted.

9. So far as the question of protecting human dignity and saving the public from police torture and humiliation is concerned, it has been time and again held that dignity of citizens is guaranteed by the Constitution and no citizen can be subjected to torture by the Law Enforcing Agencies charged with the duty to protect citizens. The modem development of criminology has revolutionised the system of treatment of the accused and the old brutal treatment has given place to more humane one. Torture of all kinds is prohibited by law and the persons allegedly involved in crimes have to be treated like human beings and the police who is duty bound to protect citizens cannot be allowed to themselves perpetrate acts of inhuman torture upon persons in their custody. Their primary duty is to detect crime and bring the criminals before the Court of law and not to punish them, themselves. 10. 1 appreciate the efforts of Rana Muhammad Afzal, and Mrs. Shaista Qaiser, Advocate who have filed writ petitions in their own names to bring to the notice of the Court the conduct of the police in violating the dignity of human beings and to take notice of their unlawful activities for protecting the dignity and honour of human beings.

11. Since a criminal case has already been registered against the police officials concerned, and they have also been placed under suspension, no further Ic action is called for. Writ Petitions Nos. 17394 of 1995 and 16699 of 1995 are disposed of accordingly.

12. With the registration of case on the report of Khalid Ali Bhatti against Zulfiqar Ali under section 392, P.P.C. and section 13 of the Arms Ordinance (XX . of 1965), the grievance of Khalid Ali Bhatti petitioner o W,P.No.17394/1995 stands redressed. His petition too is disposed of accordingly.

13. The I.‑G. Police, Punjab is directed to entrust investigation or me aforementioned case to some senior independent police officers so that‑ the true position comes to light. N.H.Q./M‑2706/L