2000 P Cr (PLP)

Through this application the applicant has prayed for - the appointment of the Commissioner and for the recovery. of detenu Abdul Khalique son of Haji Murad Ali Kharos, who was allegedly unlawfully confined at Police Station Abad. In order to ascertain the truth contained in the application, the Court appointed Commissioner to carry out inspection and to find out if detenu was illegally confined there.

2. The Commissioner's report reveals that the detenu was found in the Police Station Abad at the time of his inspection and no entry regarding his detention was available in the Roznamcha. Accordingly notices were issued to Asif Ali Memon, S.D.M. under whose order it was stated that the detenu was arrested. In his affidavit the S.D.M. has denied the allegation that he had issued any direction for the arrest of the detenu. The statement filed by Manzoor Alam, A:S,I.P., however, is otherwise and he has stated that the detenu was handed over to him on 2-12-1998 at about 17-15 hours by the said S.D.M. and before he could make any entry, the Commissioner appointed by this Court had raided the Police Station and discovered the detenu.

3. On 28-7-1999 this Court had shown resentment in view of the contradictory stand taken by S.D.M., Asif Ali Memon and A.S.I.P. Manzoor Alam. It was also observed that one of the two has perjured before this Court.

4. It may be observed that the responsibility of the police functionaries is to obey and enforce the law in a just and proper manner and to act in accordance with the law. They are not obliged to obey the illegal orders by whomsoever. In the instant case if the statement of A.S.I.P. Manzoor Alam is to be considered as true he may be guilty of obeying the wrongful order which otherwise is disowned by the said S.D.M.

5. In the case reported as Zahid Akhtar v. Government of Punjab PLD 1995 SC 530 it- was held "compliance of an illegal order by a subordinate office could neither be justified on the plea of same having been issued by a superior authority nor same could be defended on the ground that non compliance thereof would expose the subordinate officer to disciplinary action for defying the order of the superior authority".

6. In the light of above dictum laid down in ' Zahid Akhtar' case, A.S.I.P. Manzoor Alam, cannot claim any protection merely on the plea that he was in' fact complying the orders of Magistrate. He being responsible police officer, whose primary duty is to enforce law and order and obey the lawful command, cannot get away on the aboveground.

7. Mr. Mumtaz Ali Siddiqui, learned State counsel submitted that it is A.S.I.P. Manzoor Alam alone who is responsible for the detention of the detenu. Such instances of highhandedness and unlawful acts by the police functionaries have become rampant and deserve to be dealt with seriously.

8. Under the circumstances, on the face of it A.S.I.P. Manzoor Alam is responsible for the illegal act and in order to vindicate grievance of the applicant, he is directed to pay token compensation of Rs.10,000 to the detenu for his suffering. In case, amount of compensation is not deposited within 15 days of receipt of this order same may be deducted by the S.S.P., Sukkur from his salary and deposited in Court. Although there are allegations against other police officials also we would not like to comment in this petition.

9. It is a matter of grave concern that increasing number of petitions complaining of illegal detention are frequently coming before and in most of the cases such complaints are found justified. In appropriate cases token compensation is being awarded to the detenus, but it appears that it has no deterrent effect and no improvement is in sight. Such problems can very well be remedied at administrative level and concerned authorities need to take stringent and remedial measures for improving the over all working of subordinate functionaries for proper administration of justice and maintenance of law and order in the city. P.R. Bond executed by the detenu stands discharged.

10. It is also directed that copy of this order may be sent to Superintendent of Police and D.I.-G., Sukkur for taking necessary action in accordance with the law against A.S.I.P. Manzoor Alam and to also ensure that in Police Stations falling within his jurisdiction no such highhandedness or excess is committed by the subordinate staff. H.B.T./M-481/K. Order accordingly,