1993 PLP 277 (MLD)

Malik Rehmat Khan for Petitioner. In pursuance to the order; dated 9‑6‑1992, the Bailiff has produced the detenus, Muhammad and Allah Yar, before the Court and submitted his report, to the effect, in brief, that the detenus were found locked‑up in Havalat, but that neither their arrest was stated in the `Roznamcha' nor were they required in any case. The report further states that Altaf Hussain, S.H.O. and Muhammad Ishaque S.I., Investigating Officer, were stated to be away to attend a meeting with the D.S.P. Jhang; and that the Moharrir had informed him that the detenus had only been summoned by the Investigating Officer in connection with the investigation of the case registered under F.I.R. No.57/92; and that the Moharrir further informed that the detenus had been locked‑up in the Havalat, alongwith Allah Ditta, father of Allah Yar detenu, by some one from the police staff. The report further states that although the said Allah Ditta, father of the detenu, Allah Yar, is named as an accused in the case F.I.R. No.57/92, while his arrest was not stated in the `Roznamcha'. It further states that the Moharrir had accepted the notice and undertaken to inform the S‑H.O. and the Investigating Officer concerned, named above, and he was directed to produce Allah Ditta before the Court. The report further states that the detenus had informed the Bailiff that they had been taken into custody on 2‑6‑1992.

2. The detenus confirmed what has been stated in the report, in their statements before the Court.

3. However, neither the respondent/S.H.O. nor the Investigating Officer, Muhammad Ishaque S.I., has put in appearance.

4. Therefore, setting the detenus at liberty, it is hereby directed that the Superintendent `of Police, Jhang, shall register a case in accordance with the relevant provisions of law against respondent No.l/S:H.O. and the a Investigating Officer, named above, for having illegally detained the detenus, Muhammad son of Jiwan and Allah Yar son of Allah Ditta. It is further, directed that the said Superintendent of Police shall submit a report in respect) theieof to this Court on 24‑6‑1992.

5. It is further directed, that a show‑cause notice shall be issued to respondent No.l/S.H.O. and Muhammad Ishaque S.I., the Investigating Officer, to be served through the Superintendent of Police, Jhang, for their failure to put in appearance in the Court, for 24‑6‑1992 and a separate Criminal Original File shall be opened in this respect against them.

6. However, anything said herein, shall not bar the petitioner and/or detenus from initiating any legal action against the respondent and others, in respect of the grievances stated herein.

7. In accordance with the terms stated above, the present habeas corpus petition stands disposed of. N.H.Q./G‑65/L Order accordingly.