2001 PLP 2203 (YLR)

Criminal Miscellaneous No.46‑H of 2000, decided on 19th January, 2000. ‑‑‑‑S.491‑‑‑Habeas corpus petition‑‑ Petitioner and her mother stated in Court that in their presence the detenu was taken into custody by the accused Sub‑Inspector and the detenu was handcuffed by the accused‑‑‑Both of them further alleged that they had met the detenu in the premises, of the police station concerned thrice after his detention by the accused police officer ‑‑‑Statements of the petitioner and the other one present in Court were sufficient to prove that the detenu was taken into custody by the accused police officer and was kept in police station‑‑‑Said police officer had shown his ignorance about the whereabouts of the detenu‑‑‑Effect‑‑‑Since the liberty and life of a citizen was at stake, the accused police officer was directed to be taken into custody, to register case against him, and to conduct investigation in the case. Aftab Ahmad Bajwa for Petitioner. In compliance with the orders of this Court, bailiff raided the premises of the office of C.I.A. Cantt. Lahore but Iqbal Hussain (the alleged detenu) was not found at the premises. According to the report, upon the pointation of the petitioner a Honda motorcycle of yellow colour which belonged to Iqbal Hussain was found parked in the office of Shafqat Dogar, S.I., C.I.A. Cantt. Lahore. Upon enquiry, bailiff was informed by War Ullah, Inspector, and Karamat Ali, M.H.C. that the alleged detenu was neither required in any case nor he was ever taken into custody by the C.I.A. Staff. Zafar Ullah, Inspector, informed the bailiff that according to his knowledge lqbal Hussain (the alleged detenu) was at the Police Station Civil Lines, Lahore for the last two days. Accordingly to the report, bailiff visited the Police Station Civil Lines, Lahore but the detenu was not found anywhere within the premises of said police station.

2. Shafqat Dogar, S.I., C.I.A. Cantt. Lahore present in the Court states that the averments made in this petition are incorrect. He never took into custody Iqbal Hussain nor he knows his whereabouts. Conversely, the petitioner and Malik Muhammad Masud son of Muhammad Sharif resident of Street No.7 Rachna Town Tehsil Ferozwala present in the Court have categorically stated that in their presence, Iqbal Hussain (the alleged detenu) was taken into custody by Shafqat Dogar, S.I. C.I.A. Cantt. Lahore on 5‑1‑2000 who was handcuffed by him. It is further alleged by the petitioner as well as Malik Muhammad Masud that they met Iqbal Hussain in the premises of C.I.A. Cantt. thrice after his arrest by Shafqat Dogar, S.I., C.I.A. Lahore.

3. Statement of Mst. Nadia and Malik Muhammad Masud present in the Court are sufficient to prove the fact that Iqbal Hussain was taken into custody by Shafqat Dogar, S.I. C.I.A. Cantt. Lahore on 5‑1‑2000 and was also kept at the premises of C.I.A. Cantt. Lahore. Iqbal Hussain was also seen by these persons confined at the abovesaid premises. Today, Shafqat Dogar, S.I., present in the Court has shown his ignorance about the whereabouts of Iqbal Hussain. Since the liberty and life of a citizen is at stake, Zafar Ullah, Inspector, C.I.A. Cantt. Lahore present in the Court is directed to take Shafqat Dogar, S.I., C.I.A. Cantt. Lahore into custody. He shall register a case against Shafqat Dogar, S.I., and the investigation of the same shall be conducted by the S.P. (CIA) Cantt. Lahore himself. S.P. (C.I.A. Cantt.) Lahore is directed to submit his compliance report before this Court through Deputy Registrar (Judicial) within seven days.

4. With this observation, instant petition stands disposed of. H.B.T./N‑117/L Order accordingly.