1998 P Cr (PLP)

This is a petition filed under section 491 of the Code of Criminal Procedure for the recovery of Hassan Mahmood son of Haji Noor Hassan petitioner from the alleged illegal and improper custody of S.H.O. Police Station B‑Division, Rahimyar Khan. According to Haji Noor Hassan petitioner his son Hassan Mahmood was not required by the polite in any case who was being detained whose liberty had been curtailed by the aforesaid S.H.O.

2. A bailiff was immediately deputed at the expense of the petitioner. Rao Arshad Hussain Bailiff reached Police Station B‑Division, Rahimyar Khan on 15‑7‑1997 at 6‑30 p.m. He has submitted his report to the effect that on his arrival in the Thana, he closed the main gate and took into his possession the Daily Diary. He searched for Hassan Mahmood alleged detenu who was found sitting on the floor in the barrack of the constables. Hassan Mahmood was identified by his father who is the petitioner of this case. He was intimated by Hassan Mahmood that on 12‑7‑1997 he was arrested by the police from his house situated in Leghari Colony, Sadiqabad District Rahimyar Khan and was not produced before any Court. He examined the Daily Diary of the police station wherein the arrest of Hassan Mahmood was not incorporated. He was intimated by Yunus Ali, Head Constable/Thana Clerk that he was not in possession of any file pertaining to any case registered' against Hassan Mahmood.

3. Today Khalid Masood, Inspector/S.H.O., Police Station "B" Division, Rahimyar Khan has taken up the stand that some persons who had committed the dacoity took the refuge and protection in the house of Haji Noor Hassan petitioner and that his son Hassan Mahmood was summoned by him to investigate in the matter. However, he could not tell the number of the case and recitals of the F.I.R. about the commission of the dacoity. This fact is enough to falsify the S.H.O. in respect of the stand taken by him to save his skin.

4. In view of the aforesaid aspect of the matter, I hold that no criminal I case is registered against Hassan Mahmood who was arrested by the S.H.O. without any justification and whose arrest was no' entered in the Daily Diary. Thus, the detention of Hassan Mahmood is illegal and I declare him as a detenu who is released and can go to a place of his own choice. When this matter was being processed with, on my inquiry, Hassan Mahmood intimated that he was employed in the Sui Northern Gas Company and that his pay was more than rupees 6,

000. As held above, he is not the accused of any case. Any citizen who earns his livelihood by dint of his hard labour is a respectable person.

5. Illegal detention of the citizens by the police has become an order of the day. In spite of the legal restraint/check the police is travelling on the same path with good speed. It is a matter of common knowledge these days that the police, whose duty is to protect the life and liberty of the citizens, is itself usurping the same and has become a source of inconvenience for them. They claim to be the "Muhafiz", while they negate themselves through such illegal activities. To deprive a person of his liberty is a serious matter being violative of law, justice and fairplay and no exception can be taken thereto. Pakistan is an Islamic State and the detention of Hassan Mahmood by Khalid Masood, S.H.O., Police Station "B" Division, Rahimyar Khan is a detestable misdeed which cannot be ignored who, in my view, must be burdened with costs as held in Alamgir v. S.H.O., Model Town,, Lahore' 1983 PCr.LJ 766 and Abdul .Maid v. S.H.O.. Police Station Rohilanwali, District, Muzaffargarh 1995 PCr.LJ 1209. As such I direct Khalid Masood, Inspector/S.H.O., to pay compensation in the sum of Rs.3,000 to Hassan Mahmood detenu on 17‑7‑1997 in the Court by his personal appearance to do the needful failing which the penal action shall be taken against him and the recovery of the amount shall be effected from him as arrears of land revenue.

6. The police officer is also directed not to wreck vengeance against Haji Noor Hassan petitioner, the released detenu Hassan Mahmood and their family members in particular and the public in general failing which proper legal action shall be taken against him. Khan Muhammad Hussain Azad for Petitioner. . Shabbir Ahmad Afghani, Asstt. A.‑G. for the State. In terms of order, dated 16‑7‑1997 an amount of Rs.3,000 has been paid as compensation by the Police Officer/S.H.O. to the released detenu. It is hoped that, in future the Police Officer shall keep in mind that as a member of the disciplined forcehe has to act in accordance with law and has to believe in the rule of law. This case stands disposed of. N.H.Q./N‑59/1 Petition accepted.