1990 PCr (PLP)

The D.S.P. informs that all the alleged detenu except for Iftikhar Hussain, none of them was ever arrested by the police however, they were as with the investigation. Informs that they are not required by the police any more. Learned counsel for the petitioner asserts that the alleged detenu were given severe beating and there are marks of violence on their bodies. He wants to have them medically examined so that he may take legal action against the police for its highhandedness. Learned counsel may adopt any course which is available to him under law. As far as Iftikhar Hussain, detenu is concerned the D.S.P. informs that he is in custody in pursuance of a case registered under section 325, P.P.C. etc. The D.S.P. has also produced a certificate issued from one Dr. Rashid Malik to the effect that the said detenu is admitted in the hospital. No other particulars are given in the said certificate about the nature of ailment. The learned counsel asserts that he has been admitted in the hospital because his condition had become too precarious because of the torture of the police. In these circumstances, the D.S.P. is directed to produce a certificate from the concerned doctor who is treating Iftikhar Hussain, wherein the nature of ailment of the alleged detenu shall be mentioned as well as the treatment being given to him. In case the alleged detenu is in a position to move about, he shall be produced in Court tomorrow (22-6-1989). Since the alleged detenu, except for Iftikhar Hussain, are not required any more, they are set at liberty. In pursuance of the direction of this Court the alleged detenu Iftikhar Hussain has been produced in Court. Mr. Muhammad Ashraf, A.S.D.P.O., Chunian has also produced a medical certificate of the alleged detenu. I have also examined the detenu. According to him he has been in custody of the police since 12-6-1989. It is further stated that he has been tortured to the maximum while he was in custody of the police. He was specially tortured by one Muhammad Sharif A.S.I.,, of Police Station Kanganpur as well as Raees. Ahmad, S.H.O. Kanganpur.' He asserts that he used to be tortured in the presence of A.C. Chunian. I have noticed when the alleged detenu was coming to the Court he could not walk, he had to be supported by a Constable. Yearned counsel for the petitioner wants a direction that the case against the delinquent officials be registered. 1 direct the S.H.O. Police Station, Chunian that he shall register a case if approached in this regard. It is further directed that the case after the registration shall be investigated, by C.I.A. official not less than the rank of Inspector. Learned counsel for the petitioner has also prayed that in view of the precarious condition of the alleged detenu, he should be released on bail. In these circumstances, I convert this habeas corpus petition into bail application and allow the same: The petitioner is allowed bail provided he furnishes security in the sum of Rs.10,000 with two sureties each, in the like amount to the satisfaction of Deputy Registrar (Judi.) of this Court. With this observation the petition is disposed of. N.H.Q./R-186/L Order accordingly.