2001 P Cr (PLP)

Zahid Amin v. State H.C.P. No.49 of 2000 and 1998 PCr.LJ 1117 ref. Akhtar Naveed for Petitioner. Tariq Javed, A.A.G. for the State. Date of hearing: 21st September, 2000. In compliance to my order, dated 20-9-2000 the respondent No.3 and Inspector Crimes Branch Ainuddin produced the detenus Javed, Baz Karam, Khurshid and Jamil. The Inspector Crimes Branch submitted that detenus were arrested on 18-9-2000 after charged by the complainant in view of the statement under section 164, Cr.P.C. He stated that they are not under illegal confinement, they are arrested legally under the law. Mr. Tariq Javed A.A.G. advanced that since the detenus are arrested under the law, hence, H.C.P. is not competent.

2. Learned counsel for the petitioner stated that the police using third degree method and harassing and torturing the detenus without recourse to the normal procedure under the Code of Criminal Procedure; that the detenus Khurshid and Baz Karam were taken by the East Cantt. Police Station and under their custody since 38 days in respect of the theft case without any legal course; that earlier two habeas corpus petitions by detenus Khurshid and Baz Karam were filed in this Court and this Honourable Court was pleased to dispose of the said petitions on 4-9-2000. No sooner Khurshid detenu went out of the Court the police arrested him within the premises of the Court who is still now under the custody of the police. The illegal confinement of Javed in the police clutches and cruel treatment meted to him raised question mark against the State and its agencies for curtailing liberty, humiliation, prestige and honour of citizens and usurping Human Rights guaranteed under Articles 4 and 9 of the Constitution of Islamic Republic of Pakistan, 1973. He also requested that detenus being innocent be set at liberty and police be charged for their excessiveness and cruel unchecked powers. He while concluding his arguments requested that habeas corpus petition be converted into bail application and the detenus be released on bail as they are facing cruel treatment at the hands of police. He invited my attention to H.C.P. No.49 of 2000 captioned Zahid Amin v. State by Mr. Justice Tariq Parvez Khan of this Court and also 1998 PCr. LJ 1117, A, B, C and D whereby H.C.P. was converted into bail application the accused named as accused person in the F.I.R. and picked up it is observed by his Lordship that fundamental rights guaranteed under Articles 4 and 9 of the Constitution of Islamic Republic of Pakistan, 1973 for his life or liberty when brought to the notice of the High Court, it must take cognizance and pass such orders as may be just, legal and equitable taking into consideration the facts and circumstances of each case.

3. At this juncture, detenu Javed also raised up and stated at the Bar that he is under great torture and facing cruel beating at the hands of the police he has shown injuries on his body due to torture he was fainted and taken to hospital for treatment. I am afraid that why the doctor has not pointed out any sign of torture undergone by the detenu Javed. On quarry respondent No.3 conceded at the bar that we could not find anything against detenu during enquiry/investigation.

4. So far the request for the grant of bail of the detenu is concerned neither the record is before me nor notice to the State is given in this respect, hence, I will not be able to decide the issue on merits under the law, it is thus, directed that the detenus can move bail application before the Judicial Magistrate concerned for their bail. However, the police is directed to send the detenus to jail and shall not keep the detenus in their custody any more. The respondent No.1 is directed to take serious notice of the responsible police officials concerned, if any, regarding high handedness and unlawful excessiveness and register a case against those on the report of detenus. The Illaqa Magistrate shall dispose of the bail application within a week. The petition is disposed of accordingly. N.H.Q./202/P Order accordingly.