1976 P Cr (PLP)

C. M. Latif Rawn for Petitioner. Qazi Umerdraz for A.‑G. for Respondents 1 to

5. This petition was dealt with by me on 15‑8‑1975 when it was directed to be fixed on 18‑8‑1975. On that date Mr. Farooq Elassan; A. A.‑G. Punjab, was directed to have instructions from the respondents in regard to the whereabouts of the detenu, Muhammad Shah Naqvi. Mr. Farooq appeared on the next day i.e., 19‑8‑1975 and submitted that he had con tacted the police‑officials concerned who showed their ignorance about the detenu. However, he submitted that so far ass the car of the detenu was concerned, it was lying at Police Station, Khanewal. The case was therefore, adjourned for today with notices to the 'respondents for today. Respon dents 1 to 5 are present while about respondent No. 6 it is submitted that he has since been transferred from the police station.

2. The petitioner has also filed Criminal Miscellaneous 622/M‑75 which is fixed for today, stating that the detenu Muhammad Shah Naqvi was released by the respondents at the midnight of 19‑8‑1975 and he reached Lahore on 19‑8‑1975 (noon). Muhammad Shah Naqvi has given full detail of his alleged abduction by the respondents on 6‑8‑1975 at about 9 a.m. and has stated as to how he was taken by respondent No. 1 to his village in his (detenu's) car. He was detained there illegally and was not allowed even to contact anybody. Fe was tied up there and all his clothes were also removed. According to him, the entire cast, and orna ments with hire were also taken away by respondent No. 1 and his companions. It has been alleged that his Mercedes Car (KAD‑9884) was also kept there outside tae house of respondent No. 1, which is situated in Chak No. 186/6‑R, Sahiwal. He has also made further serious allegations against the conduct cat' respondent No.1 and his companions, whose names he does not know but, according to him, he can recognise them when they appear before him. I am not in a position to make any observation in this regard as to how far the allegations levelled against the respondent are correct. However, the allegations are supported by his own affidavits as well as affidavits of two outer persons, namely Syed Zakir Hussain Shah son of Syed Walayat Shah. r/o 8/S. 20, Gandhi Park, Gulberg, Lahore and Sh. Abdul Aziz, resident of House No.2, Muslim Colony Samanabad, on the contrary, respondent No. 1, who as mentioned above is present in the Court categorically, denies the allegation. He has stated that be had come to Lahore alongwith the constables, respondents 2 to 5, on 6‑8‑1975, with the variants of arrest issued by Mr. Mumtaz Ali, M. I. C., Khanewal against Muhammad Shah Naqvi, who was required in connection with the that of 70 electric poles. He has stated that to effect the arrest of Muhammad Shah Naqvi he conducted raids at different places but could not find him. According to him, on 10‑8‑1975 when he was present near Chowk Yatimkhana alongwith the constables he saw Mercedes Car No. KAD‑5884 coming to that side being driven by Muhammad Shah Naqvi. Since Muhammad Slash Naqvi had the information about his intended arrest by the police party, therefore, he after parking the car on the road side ran away, The car was taken into possession through regular memo. On a question from the Court he has stated that since it was a diesel car therefore, it was started by pushing. He has denied the other allegations levelled against him with regard to the detention of Muhammad Shah Naqvi at his residence and snatching away cash and other belongings of him respondents 2 to 5 have also supported his version.

3. The learned counsel for the petitioner submits that the Police Station concerned may be directed to register a case against the respondents under the relevant provision of law in regard to the allegation revelled against them.

4. Since Muhammad Shah Naqvi has already been released, therefore, the habeas corpus petition filed for the purpose of his release has become infructuous. The same stands disposed of as such.

5. However, since the matter with regard to the allegations made by Muhammad Shah Naqvi against the respondents acquires inquiry and probe, therefore, in the interest of justice the S. H. O. Police Station con cerned (P. S. Gulberg) is directed to register case, at the instance of Muhammad Shah Naqvi against respondents 1 to 5 and proceed with the same in accordance with law. A copy of this order as well as of the statement of Naqvi submitted in writing before the Court, may be sent to Superintendent of Police, Multan, for information and necessary action.