2012 PLP 2904 (YLR)

SHAHID HAMEED DAR, J.

The petitioner seeks bail after arrest in case F.I.R. No.370, dated 18-8-2011, under sections 302, 365, 342, 148, 149, 337-F(i), 337-L(2) PPC, registered at Police Station Malka Hans, District Pakpattan Sharif.

2. Precisely the prosecution case as narrated by Wali Dad (complainant) is that he along with his paternal nephew Allah Ditta and others, while riding two motorcycles moved towards Chak No.191/4-L (District Okara) on 10-8-2011; when they reached near Chak No.72/D, they were intercepted by a police van wherein Muhammad Ashraf Khokhar ASI and four constables were seated; they arrested Allah Ditta and Zaheer son of Naseer and took then to an unknown place wherefrom they were shifted under the commandment of Muhammad Arshad DSP/SDPO (petitioner, to Police Station Kalyana; both the captives were subjected to severe torture by police officials Rana Ilyas and Asif Khan; he along with Naseer Ahmad reached Police Station Kalyana at about 2-00 p.m. on 18-8-2011 where he found Arshad Hussain DSP/SDPO supervising his subordinates, busy in committing violence on Allah Ditta who, died Instantaneously; he nominated the tormentors as Muhammad Ilyas, Asif Khan and Rana Ilyas. The motive behind the occurrence was that Asif Khan S.H.O. Police Station Kalyana and Rana Ryas A.S.-I. demanded an amount of Rs.5 lass from the complainant which he refused to pay and due to this fact, they arrested Allah Dicta (deceased) and Zaheer; Asif, Khan S.H.O. had threatened, if he was not paid Rs.5 lacs, he would return the dead body of Allah Ditta instead of letting him return alive.

3. Learned counsel for the petitioner submits that petitioner has been falsely involved in this case under a conspiracy hatched up by the complainant and others; the petitioner is a senior and responsible police officer who has years of clean service-record and his involvement in this case is conspiratorial; the petitioner did not cause any injury to the deceased or to the injured P.W. nor he is linked with the motive part of the prosecution case; the petitioner was arrested on 20-3-2012 and he has been languishing in jail ever since.

4. On the other hand, learned A.P.-G. assisted by learned counsel for the complainant opposes with the contention that petitioner is the principal accused of this ease as he, by supervising the torturous act of his subordinates, contributed a lot towards the unfortunate end of Allah Ditta; the injured witnesses Zaheer and Ashiq along with other eye-witnesses fully corroborate the story, mentioned in the F.I.R.; the petitioner was found involved in the occurrence during the course of investigation and judicial inquiry into the death of the deceased by Magistrate Section-30, Pakpattan Sharif also ended in his guilt; two departmental inquiries were also conducted in the instant case wherein, the petitioner was found guilty.

5. After hearing learned counsel for the parties and perusing the record, it is observed that Muhammad Arshad DSP (petitioner), though did not commit physical violence upon Allah Ditta deceased, Zaheer Ahmad and Ashiq injured, yet his presence at the spot the relevant time of occurrence stood fully established through the statements of as many as four witnesses including the ones, pertaining to Zaheer Ahmad and Ashiq injured. The necropsy report qua Allah Ditta deceased divulges that the poor soul had been subjected to worst degree of torture before he breathed his last. The MLRs of Zaheer Abbas and Ashiq injured are also descriptive of blunt trauma, on different parts of their bodies. The circumstances hovering over this case show a pathetic state, of affairs of the police department. The corruption and the corrupt appear to be flourishing with every passing hour and there looks no respite to a common man. The rivalry in worldly increase has distracted countless public servants and those, working in the police hierarchy are the worst examples. There does not appear an end to the said race. More, one amasses the wealth, deeper would he dive into the bottomless ocean of greed. Lust for money knows no bounds and one, running after the worldly gains forgets the ordainment of Almighty Allah that he has been sent to the earth to prepare himself for life-hereinafter: This rebellious attitude towards commandments of the Almighty has already plunged the society in an inferno like situation. This is high time to wake up and make mends otherwise it would be too late. The corruption and mal practices have to be alleviated so as to ensure a zero corruption society.

6. The record of this case reveals that the ill-fated deceased was not involved in any criminal case and so was the position of Zaheer Abbas and Ashiq injured. They were picked up by the police when they were moving towards a village where their relatives were waiting for them. They had no idea whatsoever when intercepted by the police that heavens would fall upon them in next few days. Both the victims right from the day of their apprehension to the fateful day appeared to be under surveillance of the accused-petitioner who being a DSP/ SDPO did everything, but, his duty in an honest manner. The contention of the learned counsel that the petitioner had not caused any injury to the deceased or to the injured P.Ws. is not of much relevance as he allegedly supervised his subordinates' brutal act which took the life of an innocent person, while others (injured) escaped the eventuality, only through sheer good-luck. No scholarly argument is required to believe that the petitioner's presence at the relevant time of occurrence at Police Station Kalyana went a long way in committing the crime by his subordinates. An outcome of the judicial inquiry conducted by Magistrate Section 30, Pakpattan Sharif, the result of another inquiry conducted by S.P. Regional Investigation Branch, Sahiwal and the result of two departmental inquiries conducted by two senior police officials prima facie establish the petitioner's contributory role in the crime. The eye-witnesses and the injured witnesses still support the prosecution case. The petitioner remained an absconder before he was taken into custody by the police on 20-3-2012 but not before he repeatedly hoodwinked the process of law and that of the courts in worst terms. The pre-arrest bail plea of the petitioner (Criminal Petition No.29 of 2012) was dismissed on 19-3-2012 by the Hon'ble Supreme Court of Pakistan. A crucial and relevant excerpt containing a few observations touching the merits of the case, from the above-said order is reproduced hereunder: "The allegation against the petitioner is that in his capacity as DSP/SDPO Saddar, Pakpattan Sharif he had supervised and monitored torture of three suspects namely Allah Ditta, Zaheer and Ashiq and as a result of that torture Allah Ditta had died. The document available at page No.35 of the paper-book of the present petition shows that on 16-8-2011 the District Police Officer, Pakpattan Sharif had felt dissatisfied with the interrogation of the above mentioned suspects conducted thus far and had directed the petitioner to personally monitor the interrogation and to submit a report before the District Police Officer about such interrogation and monitoring on a daily basis. It was in that backdrop that, according to the prosecution, the petitioner had personally supervised and monitored the interrogation of the said suspects leading to the death of Allah Ditta and receiving of injuries by two other suspects namely Zaheer and Ashiq. A judicial inquiry had been conducted into the allegation against the petitioner and two departmental inquiries had also been conducted and it had been concurrently found in the judicial as well as departmental inquiries that the allegation against the petitioner regarding personally supervising the torture of the above mentioned suspects was correct. Even during the investigation of this case the local police had arrived at the same conclusion and a challan in that respect has already been submitted before the learned trial Court. It is not disputed that Wali Dad complainant and the two injured suspects namely Zaheer and Ashiq have so far stood by their statements made before the police fully incriminating the petitioner." The petitioner not only played a supervisory role through `N' through, but also patronized the crime by remaining present, as a monitor and monstor, at the torture-den', when hapless victims bore afflictions at the hands of his subordinates, the co-accused. The offence, the petitioner is charged with catches the prohibition of section 497(1), Cr.P.C. By no means, the case of the petitioner falls within the mischief of section 497(2), Cr.P.C.

7. Therefore, I am not inclined to accept this application which is dismissed accordingly. MWA/M-210/L Bail dismissed.