1993 P Cr (PLP)

NASIR ASLAM ZAHID, CJ.

Mr. M. Rafiq Khanzada, Advocate, appears for Mst. Amirzadi and states that it is an admitted position that the two detenus who have been produced in custody are facing trial before the learned Sessions Judge, Central Karachi, in a case registered under section 399/307/402/353/34, P.P.C. It is also an admitted position that the two detenus are on remand from the learned Sessions Judge, Central, Karachi, at Central Prison, Karachi. However, since 30-9-1992, the custody of the, two detenus has been taken by S.H.O. Bahadur Ali, who was previously S.H.O. of Police Station Temoria and now Police Station New Karachi and, according to him, the two detenus are involved in various dacoities and other thefts. Yesterday, we had directed Deputy Registrar (Judi.) to make an enquiry from S.H.O. New Karachi Police Station, Inspecto Bahadur Ali, about the detention and it was informed that the detenu Nawab (and also detenu Nawaz) are detained in his custody at New Karachi Police Station, although the cases are supposed to be registered at Khawaja Ajmer Nagri and Temoria Police Stations and that S.I. Bahadur Ali had obtained remand from the Magistrates in respect of the two detenus since 30-9-1992 and the remand is expiring on 7-11-1992. On the question, as to how he took custody from the Central Prison Karachi, he informed that he had obtained permission from D.C. Central. Admittedly, he has not obtained permission from Sessions Judge, Central. On I further question as to why he was investigating the cases of other police stations, namely, Khawaja Ajmer Nagri and Temoria where he was first posted and now posted at New Karachi Police Station, he states that on 26-9-1992 S.S.P. Shahid Nadeem of Karachi Central had given him oral instructions of investigating these cases against the detenus. On further question, S.I. Bahadur Ali stated that he had not made any entry in the Station Diary of any police station about the aforesaid oral instruction given by S.S.P. Shahid Nadeem Karachi Central. We are, prima facie of the view that if an accused has been challaned and is facing trial before the Court and that Court had remanded the accused to judicial custody for being produced on the next date, the police cannot take away custody of that accused from the Jail without taking permission from the Court/Judge who has remanded the accused to judicial custody. The case pending before the Sessions Judge, Central Karachi is of Police Station Khawaja Ajmer Nagri and Inspector Vakil Ahmed Khan S.H.O. of Police Station Khawaja Ajmer Nagri is present. The custody of the two detenus is transferred to Inspector Vakil Ahmed Khan who may take them back to Central Prison, Karachi so that they may be produced whenever required by the learned Sessions Judge Central in the case in which detenus are facing trial. In case, S.H.O. Bahadur Ali or any other Police Officer wants the cutody of any detenu in a case in such a situation, he should first obtain permission from the Judge/Court who has remanded the accused into judicial custody. Copy of this order may be supplied to the learned AA.-G. who may obtain instructions in writing of S.S.P. Shahid Nadeem Central whether any oral instructions were given by him to S.I. Bahadur Ali, and if so, why written instructions were not given and also to make enquiries as to why S.1. Bahadur Ali had not recorded any entry in the Station Diary of his police station about the investigation instructions given by the S.S.P. Central Karachi. The reply should be received within 10 days from S.S.P. Central and it may be forwarded by the learned AA.-G. to the M.I.T. on which further orders will be passed on the administrative side. The remand granted till 7-11-1992 by D.C. Central is hereby cancelled. C.P. No.D-2705 of 1992 stands disposed of. N.H.Q./K-318/K Order accordingly.