2010 PLP 2611 (YLR)

IJAZ UL AHSAN, J.

Vide order dated 23-11-2009, a bailiff of this Court was appointed to recover Muhammad Abbas, the detenu who was allegedly being unlawfully detained by the respondent in Police Station Saddar Arifwala District Pakpattan. The bailiff raided the Police Station and found Muhammad Abbas, detenu, who was being held in lockup and had not been produced before any Court of law.

2. The Police Officials informed the bailiff that they had arrested the detenue in the morning of 23-11-2009 against F.I.R. No.65/2008 under sections 457/480 P.P.C. They admitted that the detenu was not nominated in the F.I.R. and his name had been added subsequently by way of supplementary statement. However, the Police officials refused to show the case record on the pretext that the same was in possession of Younas S.-I., who was unwell and had taken the case record with him.

3. The learned counsel for the petitioner has drawn my attention to the affidavit sworn by the complainant in the F.I.R., who had sworn affidavit on 5-10-2009 stating that the detenu had been arrested by the Police. To the same effect is an arbitration award written on 7-10-2009 by Muhammad Islam Joiya, Ex-Chairman Municipal Committee Arifwala, through which some dispute had been settled between the parties.

4. Perusal of the record indicates that the position taken by the Police functionaries is patently incorrect and fallacious. It does not ring true. The detenu has been detained in unlawful custody for a period in excess of two months, which is a gross violation of the fundamental rights guaranteed under the Constitution to a citizen. In this view of the matter, I covert this petition into a bail application and admit the detenu to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. This order for grant of bail shall remain valid for a period of seven days from today during which time the detenu may approach the Court of competent jurisdiction.

5. I also feel inclined to note that Police functionaries have acted in a most unlawful and illegal manner and held a citizen under unlawful detention for a considerable period of time without producing him before any Court. Such highhandedness and disregard of law cannot and must not be condoned or tolerated at any cost. It is high time that law enforcers learnt to respect the law and the rights guaranteed to the citizens of Pakistan under the Constitution. I, therefore, refer this matter to DPO, Pakpattan. He shall conduct an inquiry into this matter, as to why, under which law and under what circumstances and at whose instance, the respondent took the law into his own hand and took away the liberty of a citizen without due process of law. Once responsibility has been fixed, the DPO concerned shall take strict action against the Police Officials involved, in accordance with law. The action taken shall be reported to the Deputy Registrar (Judicial) of this Court.

6. With this observation, this petition is disposed of. H.B.T./M-391/L Order accordingly.