1999 PLP 173 (YLR)
Mst. RAZIA BIBI‑‑‑Petitioner Versus S.H.O., P.S. CITY, ARIFWALA and others‑‑‑Respondents
| Citation | 1999 PLP 173 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Riaz Kayani, J |
| Parties | Mst. RAZIA BIBI‑‑‑Petitioner Versus S.H.O., P.S. CITY, ARIFWALA and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 173 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 173 (YLR)?
The case was heard and decided by the Lahore bench comprising: Riaz Kayani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 173 (YLR) (Mst. RAZIA BIBI‑‑‑Petitioner Versus S.H.O., P.S. CITY, ARIFWALA and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian Fazzal Rauf Joiya for Petitioner.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S.491‑‑‑Habeas corpus petition‑‑ Petitioner who seemed to have been persuaded by the S.H.O. to enter into a compromise had prayed for the withdrawal of the habeas corpus petition‑‑‑Court, however, could not be oblivious to the illegal detention of the detenu in the police station ‑‑‑ Moharrir and the S.H.O. of the police station had given two different versions of the detention of the detenu which was illegal and could not be condoned‑‑‑Superintendent of Police concerned was consequently directed to hold an inquiry in the matter and to proceed against the S.H.O. departmentally if he was proved to have detained the detenu without any plausible reason ‑‑‑Habeas corpus petition was disposed of accordingly.
Judgment & Decree
Mst. Razia filed the present habeas corpus petition stating that her son Muhammad Ashraf was illegally detained by respondent No.1 and required the help of the Court through the Bailiff to produce the detenu in Court. Resultantly vide order of this Court, dated 23‑2‑1999, bailiff was directed to produce the detenu in Court which he did on 24‑2‑1999 and submitted a report according to which the detenu was found in lock up of the police station and was caught by the police on 9‑2‑1999. On his inquiry, the Moharrar of the police station told him that the detenu was rounded up in Awara Gardi case. On checking Rozenamcha no report regarding the arrest of the detenu was found in the papers. The detenu was not even produced before any Court for obtaining physical remand. Asif Khan S.H.O. was not present in the police station, however the Moharrar was conveyed the direction of the Court for the presence of the S.H.O. in this Court on 24‑2‑1999. On 24‑2‑1999 as there was some bereavement in the family of S.H.O., the case was adjourned to 26‑2‑1999, on which date also the S.H.O. was not present and information given was that he was on leave till the said 'date. Today Asif Khan S.I./S.H.O. put in appearance and states that the detenu was called in police station because of some money dispute. Mst. Razia petitioner in the meanwhile made a statement that she does not want to pursue the habeas corpus petition and prays for withdrawal of the same.
2. It seems that the lady has been persuaded by the S. H. O. to enter into a compromise. Be that as it may, I cannot be oblivious to the illegal detention of the detenu in the police station. Report of the bailiff is evident that the detenu was detained in the lock up since 9‑2‑1999. Two different versions have been given. Moharrar told the bailiff that the detenu was rounded up in Awara Gardi case, whereas S.H.O. has stated that he was called in police station in a money matter. The detention of the detenu as such was illegal and cannot be condoned.
3. S.P. Pakpattan Sharif is directed to hold inquiry in this matter and if it is proved that S. H. O. detained the detenu without any C plausible reason, he shall proceed against him departmentally. Result of the inquiry shall be conveyed to the Deputy Registrar (Judicial) of this Court within one month. Security is refunded, to the petitioner. Habeas Corpus petition is disposed of accordingly. N.H.Q./R‑89/L Order accordingly.