1997 PLP 1071 (MLD)

‑‑‑‑Art.199‑‑‑Constitutional petition‑‑‑Recovery of detenu‑‑‑Alleged detenu was not found by the Bailiff to have been detained in the police station by the S.H.O. as stated in the petition supported by an affidavit‑‑‑Said detenu (son of the petitioner), however, himself appeared in the Court and intimated that he had gone to the house of his relative and that he was never contacted by the police‑‑ Constitutional petition which appeared to have been filed to put pressure upon the police was consequently dismissed with the direction to the petitioner to pay a sum of Rs.1,000 to the S.H.O. as costs. Hamid Azhar Malik for Petitioner. Bashir Ahmad petitioner filed this writ petition under Article 199 of the Constitution of our beloved country for the recovery of his son Shahid Iqbal from the alleged illegal and improper custody of the S.H.O., Police Station Kot Addu, District Muzaffargarh. The petition was supported by an affidavit. On 25‑6‑1995 I passed an order to depute a Bailiff of this Court for the recovery of the alleged detenu Shahid Iqbal from the alleged illegal and improper confinement of the S.H.O., Police Station Kot Addu, District Muzaffargarh and for his production before the Court on 26‑6‑1995.

2. The Bailiff visited the precinct of Police Station Kot Addu. Shahid Iqbal the alleged detenu was not found therein in spite of the hectic efforts made therein. There was no entry in the Daily Diary about the arrest of the alleged detenu as according to the S.H.O. he was not required in any case.

3. Today Shahid Iqbal has appeared in the Court. He has been asked in detail as to where he was and he has intimated that he has gone to a village at a distance of five miles from his house and he stayed in the house of his ' Bhanoi' namely Zafar Iqbal. He has intimated that the Police never contacted him. In this view of the matter Shahid Iqbal is not the detenu and there is no merit in this writ petition.

4. I, therefore, dismiss this writ petition. The Police Officers are burdened with costs in case they detain the persons illegally and improperly. There are disputes between the family of the petitioner and in‑laws of his son. In that connection some other writ petition is also pending. My view is that to put the pressure upon the Police this writ petition was filed which has fizzled out. I must express that equitable treatment demands that the petitioner should be C burdened‑with costs to be paid to the S.H.O., Police Station, Kot Addu. The petitioner is directed to pay an amount of Rs.1,000 to Liaqat Ali Inspector/S.H.O., Police Station, Kot Addu on 28‑6‑1995 before the Court failing which coercive method shall be adopted. N.H.Q./B‑165/L Petition dismissed.