2002 PLP 702 (YLR)

‑‑‑‑Art. 199‑‑‑Habeas corpus petition‑‑ Recovery and release of the detenus ‑‑‑Report submitted by the bailiff had shown that the detention/arrest of the detenus had not been recorded in any of the registers kept at the concerned police station‑‑‑Delinquent police officers had maintained that a relative of the said detenus was required by the local police in connection with number of criminal cases and the local police had nothing against the said detenus‑‑‑High Court deprecated the practice of depriving persons of their liberty and constitutionally guaranteed fundamental rights in the garb of an effort to apprehend some accused person‑‑‑Constitutional petition was allowed and the detenus were set at liberty with direction to the concerned S. S. P to take appropriate departmental/criminal proceedings against the concerned police officers and submit report to the Registrar within a specified time. Akhtar Masood Khan for Petitioner. Malik Muhammad Imtiaz Mahal for Respondent No.2. Respondent No.3 in person. In compliance with this Court's order dated 7‑5‑2002 a bailiff of this Court conducted a raid at the premises of Police Station Sadar, Sargodha and found Talib Hussain Shah, Ahmad Shah and Muhammad Amir detenus to be confined in a room situated in the stable of the said police station. After breaking the lock of the said room open the bailiff recovered the said detenus and has produced them before this Court today. The report submitted by the bailiff shows that the detention/arrest of the said detenus was not found by the bailiff to have been recorded in any of the registers maintained at the said police station. The Station House Officer of Police Station Sadar, Sargodha as well' as Muhammad Hussain Maiken, A.S.I. have entered appearance before this Court in person today and they have confirmed the fact that all the above‑mentioned three detenus are neither involved nor required in any criminal case. The learned counsel appearing on behalf of the said police officers has, however, maintained that a relative of the said detenus namely Saqlain Shah is required by the local police in connection with many criminal cases and it is he against whom the local police wishes to go after and the local police has nothing against the present detenus. As against that the learned counsel for the petitioner as well as the detenus themselves have maintained that it was only to pressurize the above‑mentioned Saqlain Shah to appear before the police that the detenus had been detained and had been subjected to torture at the said police station since 6‑5‑2002.

2. The facts stated above depict an extremely sad and sorry state of affairs. It has appeared to this Court that in the garb of an effort to apprehend some accused person others had been deprived of their liberty and other Constitutionally guaranteed fundamental rights. This Court cannot shut its eyes to such a naked deprivation of the citizens rights. This petition is, therefore, allowed and the above‑mentioned detenus are hereby set at liberty. The office is directed to send a copy of this order as well as a copy of the report submitted by the bailiff to the Senior Superintendent of Police, Sargodha for taking appropriate departmental/criminal proceedings against the concerned police officers. The action to be taken by the Senior Superintendent of Police, Sargodha shall be I taken by him within the next two weeks and a report in that regard shall be submitted before the Deputy Registrar (Judicial) of this Court before the end of the present month. Disposed of. S. M. A./I‑142/L Petition allowed.