1999 PLP 1504 (MLD)

The grievance of the appellant is that in addition to prayer for the recovery of the alleged detenus she also made prayer for ensuring the life security of the alleged detenus as apprehension was voiced that on account of enmity of the DSP with Zulfiqar one of the alleged demenus they may not be done to death.

2. We called Mr. Muhammad Iqbal Khichi, learned A.A.-G. to assist the Court.

3. We have noticed that the learned Single Judge noticed when that alleged detenus were produced before him after recovery that they were not in good condition therefore, an order was passed for getting them medically examined and it was alleged that they were severely tortured in the Police custody. The alleged detenus were produced before the Judicial Magistrate on 26-9-1997 who ordered for their medical examination which was done on 27 or 29-9-1997. According to the medico-legal report Zulfiqar one of the alleged detenus sustained 27 injuries whereas Murid Abbas the other alleged detenu sustained 5 injuries.

4. Learned counsel for appellant submitted that Zulfiqar one of the alleged detenus got a case registered against respondent No.2 who was S.H.O., Shuja Abad and Mirza Maqbool D.S.P. through F.I.R. No.30 of 1997 under section 182/452/457/382/354/506/148/149/161, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947. This case was registered after getting thorough inquiry held by this Court in Constitutional petition filed by the said d alleged detenu wherein it was held that a case was made out against the said two persons and since then the said D.S.P. Mirza Maqbool and respondent No.2 have become inimical to the alleged detenus and though they were not named in case. F.I.R. No. 174 of 1997 registered under sections 420, 468, 471, P.P.C. but respondent No. 1 arrested them from Shuja Abad and brought them to Faisalabad. At present Mirza Maqbool has been posted as D.S.P. Faisalabad. According to learned counsel this D.S.P. is actually controlling the entire matter and the alleged detenus are being subjected to physical torture and it is feared that they may not be killed in a fictitious encounter.

5. We have heard Mr. Muhammad Iqbal Khichi learned A.A.-G. In this case after considering the medico-legal report and the fact that Mirza Maqbool D.S.P. is a nominated accused person in case F.I.R. No.30 of 1997 registered at the instance of Zulfiqar one of the alleged detenus, an order should have been passed by the learned Single Judge to ensure security of their lives.

6. Zulfiqar and Murid Abbas, the alleged detenus/accused persons in case F. I. R. No. 174 of 1997 in which they have been arrested shall be sent to judicial lock-up forthwith. This order shall be complied with by the Judicial Magistrate who granted remand upto 30-10-1997 of the said two accused persons and he shall report compliance.

7. Learned counsel for appellant submits that they were subjected to further physical torture after the abovementioned medical examination. The jail Authorities are hereby directed to get them medically examined.

8. The Inspector-General Police is hereby directed to transfer the investigation of case. F.I.R. No. 174 of 1997 dated 5-8-1997 to Malik Ahmad Raza Tahir, S.S.P. Faisalabad who according to the learned A.A.-9. is an honest and upright police officer and will do justice, as Mirza Maqbool D.S.P. is one of the accused persons in case F.I.R. No.30 of 1997 and it is alleged that he is influencing the Investigating Officer.

9. The appeal is disposed of with the above directions. N.H.Q./M-472/L Order accordingly.