2001 PLP 132 (MLD)

Zafar Ullah Khakwani for the State. In compliance of order, dated 24‑7‑2000 Muhammad Nadeem bailiff of this Court raided Police Station Makhdoom Rasheed Multan on the same day at 9:00 p.m. and found that Muhammad Yousaf son of Allah Ditta was confined in the said Police Station. On enquiry Naik Muhammad, Moharrar, present at the Police Station, informed him that Ijaz Mubashar Inspector/S.H.O. has arrested the alleged detenu on that day in case F.I.R. No.151, dated 2‑5‑2000 under section 334/336. P.P.C. being a suspect under section 54, Cr.P.C. ‑On his demand he was not shown the F.I.R. as Moharrar told him that the same is available with the S.H.O. who has gone out in the Illaqa. He checked the first Information Register and found that the detenu was not named therein. He further found that as per index of F.I.R. register last Zimni had been entered on 18‑5‑2000. However, on checking Daily Diary register he found that arrest of the detenu has been shown at serial No. 21 at 7.20 a.m.

2. Contention of the learned counsel for the petitioner is that initially F.I.R. was registered against Zafar Iqbal and one unknown person and as a result of said F.I.R. the matter was investigated and Zafar Iqbal, aforementioned has been found guilty try the Investigating Agency, that Muhammad Yousaf alleged detenu, is finance of Mst Nazia and he has been apprehended just to pressurise the complainant to withdraw the prosecution of the said case or in the alternate to enter into a compromise with the accused party. He further submitted that there is nothing on record as to on what basis the alleged detenu has been apprehended under section 54, Cr..P.C. It is thus, submitted that the detention of the alleged detenu be declared illegal.

3. Conversely the learned counsel for the State submitted that as a result of investigation Zafar Iqbal accused nominated in the F.I.R. has been found guilty and his name has been kept in column No 3, that on 22‑7‑2000 an application was moved by Muhammad Ashiq, brother of Zafar lqbal accused of the aforesaid F.I.R. on the basis of which statements of Shaukat Ali and Muhammad Sharif were recorded on 23‑7‑2000 and it is on the basis of said statements that Muhammad Yousaf, alleged detenu has been apprehended under section 54 Cr.P.C..

4. A perusal of police file reveals that F.I.R, initially has been registered against Zafar Iqbal and one unknown person. It further reveals that as a result of investigation conducted on oath, Zafar Iqbal has been adjudged responsible of this offence and has consequently been sent up vide case diary No. 12, dated 18‑5‑2000. It is very strange that from 18‑5‑2000 till 22‑7‑2000 no application was moved by any person and suddenly an application has been moved by one Ashiq Ali, brother of Zafar Iqbal and it is on the basis of said application that the statements of two witnesses Shaukat Ali and Muhammad Sharif have been brought on record on 23‑7‑2000 and as a result of said statements the present alleged detenu has been taken into custody. There is no doubt that the police is competent and has an authority to take into custody any person under section 54, Cr.P.C. but there must be some evidence to connect the person with the commission of the said offence. Admittedly there is not an iota of evidence against the alleged detenu from 2‑5‑2000 till 18‑5‑2100 when the investigation stood completed Maid the challan was ordered to be submitted in the Court. Merely on the basis of application moved on 22‑7‑2000 evidence has been created in the form of statements of Shaukat Ali and Muhammad Sharif just to make out a case against the alleged detenu. This act of the Investigating Officer is highly regretable.

5. Since there is nothing on this record to suggest if the alleged detenu was in any way connected with commission of this offence so his detention merely on the basis of application which appears to have been procured with the active assistance of the Inspector/S.H.O. Police Station Makhdoom Rasheed, Multan a crude effort has been made to create some evidence regarding the involvement of the present detenu. All these facts clearly prove, that the involvement of the present detenu is a manoeuvred one. As such his detention is declared illegal and he is set at liberty.

6. Let a copy of this order be sent to the Senior Superintendent of Police, Multan for taking appropriate action against Ijaz Mubashar, Inspector/S.H.O. Police Station Makhdoom Rasheed, Multan under intimation to this Court within a fortnight.

7. The amount of security Rs.1,000 be refunded to the petitioner.

8. This petition stands disposed of. H.B.T./M‑328/L Petition accepted.