1985 PLP 46 (MLD)

Pursuant to the order of this Court dated 18-6-1994, Mr. Muhammad Munir, Bailiff of this Court, has recovered Safdar Ali, detenu from the premises of Police Station Gulberg and has produced him in Lour- According to his written report dated 19-6-1984, when he visited Police Station Gulberg, Lahore on 18-6-1984 at 1-30 p.m., he found Safdar Ali, detenu, sleeping on the ground on the upper story of the Police Station, with certain other suspects, where a constable was also present. Safdar Ali, detenu informed the Bailiff that he alongwith Malik Ijaz had been taken into custody from their residence in Iqbal Town Lahore, by Khadim Hussain A.S.I. on 16-6-1984 and since then he had been detained in the said Police Station. He further informed the Bailiff that Malik Ijaz, detenu, was got released the same day by Major Shahid Naser, a brother-in-law of the said detenu. He further informed the Bailiff that he had been given beating by the, police on 18-6-1984. He showed his buttocks, which were swollen and contained big bluish marks. The report of the Bailiff also states that Muhammad Rashid S.I. who was present at the Police Station, informed him that Khadini Hussain A.S.I. might have some papers with him about Safdar Ali, detenu, who had admitted being a fugitive from the army. The report also shows that the Bailiff checked the Roznamcha of the Police Station, but there was no entry regarding the arrest or interim detention of Safdar Ali, detenu.

2. Khadim Hussain A.S.I. who is present in Court, submits that he took into custody Safdar Ali, detenu, on 18-6-1984 between 8-30 - 9-00 a.m., as he suspected him to be rill army deserter. He submits that Safdar Ali admitted before him he had come on ten days' leave from the army effective 8-3-1984 and that he had not rejoined the army. Since he wanted to confirm from the Army Authorities as to whether Safdar Ali was a deserter, tie took the detenu into his custody. He submits that he did not arrest Safdar Ali, nor any such entry was made in Roznamcha. He further states that he cannot account for the feet how Safdar Ali, detenu came to bear injuries on his person.

3. From tile report of the Bailiff it is clear that Safdar Ali, detenu, war recovered from Police Station Gulberg on 18-6-1984 at 1-30 p.m. end that he was under detention at the time of his recovery. Khadim Hussain A.S.I. admits having detained the said Safdar Ali, detenu, but there is no Roznamcha entry to that effect. The detention, therefore, was illegal. It is also clear from it is Bailiff's report that Safdar Ali, detenu, at the time of his recovery, bore injuries on his person. The medico-legal report of the Police Surgeon, Lahore, dated 18-6-1984, confirms the said injuries. The S. H.O. Police Station, Gulberg; is hereby directed to register a case against Khadim Hussain A.S.I. Police Station Gulberg, Lahore for the illegal detention of Safdar Ali, detenu, arid injuries suffered by him during his illegal detention, The Deputy Superintendent of Police, Gulberg, is hereby directed to depute an officer, not below the rank of Assistant Superintendent of Police for the investigation of the case

4. This petition, therefore, partly succeeds with regard to the release of Safdar Ali, detenu, from the illegal custody of the respondents. He is set at liberty. 5.???????? The security deposited by the petitioner shall be refunded to the petitioner personally on her proper identification. M.Y.H.??????????????????????? Petition partly allowed.