1996 MLD 2052 (PLP)

3. Today the stand taken by the police verbally is that both Muhammad Irshad and Ghulam Jafar were called by the Police in connection with the inquiry of an application made by one Haji Sultan about the theft of three heads of cattle. It means that the information imparted by the Muharrir Thana to the Bailiff that the aforesaid persons were not apprehended by the police was not correct. I have made a perusal of the application filed by Haji Sultan as the same lias been submitted by the S.H.O. wherein both Muhammad Irshad and Ghulam Jafar are not mentioned as the accused. The other aspect of the matter is as to how without the registration of the case a person can be called at a Thana' . Both the police officers present in Court have conceded that Muhammad Irshad and Ghulam Jafar are not required in any case as no case stands registered B against them and that their arrest was not incorporated in the daily diary of Police Station Qadirpur Rawan. Keeping in view this aspect of the matter I declare both Muhammad Irshad and Ghulam Jafar as detenus who are allowed to go to a place of their own respective choice.

4. During the arguments Muhammad Nawaz petitioner as well as Muhammad Irshad and Ghulam Jafar released detenus intimated that Nazar Muhammad, A.S.‑I. Along with the police party entered their house at 1‑00 a.m. at mid‑night on 24‑6‑1996 who insulted them and the womenfolk while they were not in possession of any search‑warrant. Both Muhammad Irshad and Ghulam Jafar have intimated that they were put in the police wagon and were taken to Police Station Qadirpur Rawan. They have expressed that they were given the beating without any justification. My view is that such a working of any police officer of any rank cannot be appreciated and approved and the police officers should avoid autocratic behaviour and treatment towards the citizens.

5. I have to give my mind that both Muhatnmad Irshad and Ghulam Jafar were detained in violation of law and the act of Muhammad Yousaf C Inspector/S.H.O. and Nazar Muhammad, A.S.‑I. cannot go unnoticed. The S.H.O. is the Incharge of the Police Station and has the direct administrative control on his subordinates. To deprive a person of his liberty particularly in an Islamic State is a serious matter and no exception can be taken thereto. During these days there is influx of cases of habeas corpus and it seems that the police officers are performing their duties in illegal manner intentionally. They are bringing bad name not only to their department but also to the Government in power. Their such type of actions/deeds not only offend the law the same are I also against the moral ethics and violative of the human rights. I feel that both the police officers should be burdened with costs to be paid to the detenus as compensation. In this regard reliance is placed on Abdul Majeed v. S.H.O., Police Station Rohilanwali, District Muzaffargarh 1995 PCr.LJ 1209 Lahore. Muhammad Yousaf, Inspector/S.H.O. cannot escape his liability by expressing that it is the act of Nazar Muhammad, A.S.‑I. As such each of both the aforesaid police officers are directed to pay Rs.1,000 to the released detenus on 3‑7‑1996 which shall be shared by each of the detenus equally.

6. Both the aforesaid police officers are also warned to be careful in future towards the released detenus in particular and public in general.

7. The matter shall be placed before me on 3‑7‑1.996 so that the amount is paid by the police officers to the released detenus failing which the same shall be recovered from their salary as arrears of land revenue. Note:

8. A copy of this judgment shall be sent to the Deputy Inspector‑General of Police, Multan Range, Multan in a sealed cover bringing to his notice the working of the police officers. (MUHAMMAD NASEEM CHAUDHRI), JUDGE. Muhammad Nawaz petitioner alongwith Ch. Muhammad Iqbal Advocate. Muhammad Yousuf Inspector/S.H.O., Police Station Qadirpur Rawan and Nazar Muhammad, A.S. ‑1. in person. Muhammad lrshad released detenu in person. Muhammad Nawaz petitioner has intimated that Ghulam Jafar released detenu is ailing. Each of the police officers have paid an amount of Rs.1,000 to the petitioner. Rs.1,000 have been paid to Muhammad lrshad released detenu. The petitioner shall give remaining amount of Rs.1,000 to Ghulam Jafar released detenu.

2. This petition stands disposed of. N.H. Q./R.126/L Petition allowed.