1986 P Cr (PLP)

Letters Patent (Lahore)‑‑‑‑‑

Cl. 22‑‑Criminal Procedure Code (V of 1898), S. 154‑‑Penal Code (XLV of 1860), Ss. 500, 506, 355, 327, 323 & 109‑‑Police Act (V of 1861), S. 29‑‑Registration of case‑‑Police officials at behest of complainant party giving physical torture to under trial prisoner‑ Under‑trial prisoner medically examined by orders of Magistrate‑‑Seven blunt weapon injuries found or person of said prisoner‑‑Duration of injuries showing that same were inflicted during period of detention‑ Concerned official of police station directed to register a case against police officials and complainant party. Syed Faiz‑ul‑Hassan Naqvi for Petitioner. Mian Asif Mahmood, for Shakar Ali Rizvi for Respondents. This is a petition under clause 22 of the Letter Patent by Muhammad Sarwar, petitioner, for registration of a case against fir Karam Hussain Shah S.I. and others, respondents Nos. 3 to 8, in respect of physical torture meted out by them to Asif Hussain, under‑trial prisoner.

2. On behalf of the respondents it is submitted that Mr. Shakar Ali Rizvi, Advocate, is unwell and the application be adjourned. I am afraid I cannot adjourn this case indefinitely.

3. It appears from the petition that on 31‑3‑1985 interim pre‑arrest bail allowed by the learned Sessions Judge, Sargodha, to Irshad and Asif Hussain, sons of Muhammad Sarwar, petitioner, in respect of a case registered under section 307/34, P.P.C. vide, F.I.R. No. 85 at Police Station Sadar, Sargodha, was not confirmed. Accordingly, Irshad and Asif Hussain who were taken into custody by Pir Karam Hussain Shah S.I. and others respondents Nos. 3 to

6. According to the averments in the writ petition, the said Irshad and Asif Hussain were taken into custody from the Court premises on 31‑3‑1985 at 10‑30 a.m. and they were tortured, criminally intimidated and assaulted in the police station by the said respondents Nos. 3 to 6 Pt the behest and instigation of Abid Hussain and Ijaz Hussain, respondents Nos. 7 and 8, members of the complainant, party. It appears that on the very same day an application was filed by the petitioner before the Illaqa Magistrate for getting the two accused medically examined, which was allowed. The medico‑legal report Asif Hussain, accused, who was medically examined on 1‑4‑1985 at 6‑50 p.m., shows that he had 7B simple blunt weapon injuries on his person. According to the medico‑legal report, probable duration of the injuries was within 24 hours. This would show that Asif Hussain, accused, was assaulted during the period of his detention.

4. In view of the above, I hereby direct the S. H .0. , Police Station Saddar Sargodha, to register a case against Pir Karam Hussain Shah S.I. and others, respondents Nos. 3 to 8 under section 506/ 500/355/327/323/109, P.P.C. and section 29 of the Police Act, 1861. The Superintendent of Police Sargodha, is hereby directed to depute a police officer not below the rank of an Inspector, to investigate the case. H.A.K. Application allowed.