1989 P Cr (PLP)

‑‑‑S. 491‑‑Habeas corpus‑‑Detenu produced by Bailiff after recovering him from police station‑‑Detenu stating to have been arrested by police official‑‑Arrest of detenu was not shown in Roznamcha of police station‑‑Police official alleging to have arrested detenu in case registered at police station‑‑Name of detenu not mentioned in said F.I.R.‑‑Detenu set at liberty in circumstances. A.R. Tayyib for Petitioner. Date of hearing: 22nd January, 1989. After having recovered from the police station, the bailiff has produced Muhammad Ali, the alleged detenu, before this Court. Let his statement be recorded. Statement of Muhammad Ali on Oath: I was arrested by Muhammad Sarwar Gondal, S.I. present in the Court on 15‑1‑1989 near Chowk Fowara Bahawalpur. He removed Rs.1,125 from my possession and also removed my wrist watch. He took me to Police Station Civil Lines, Bahawalpur and kept me there till I was recovered by the Bailiff of this Court. I was compelled to withdraw my case against Muhammad Sadiq Gujjar, Inspector, Sadiqabad. I was also forced to sign blank papers. I was not arrested by Sheerazi Inspector, nor he handed over my custody to Muhammad Sarwar Gondal, S.I., P.S. Civil Lines. I was subjected to torture. I was arrested, humiliated, confined, beaten and forced to sign on blank papers for teaching me lesson for taking action against Muhammad Sadiq Gujjar, Inspector.

2. Statement of Muhammad Ali has been recorded which shows that he was arrested by Muhammad Sarwar Gondal, S.I. P.S. Civil Lines, Bahawalpur and not by Sherazi, Inspector, Police Station Cantt. as told by Muhammad Sarwar Gondal, S.I. In the Roznamcha maintained at P.S. Civil Lines, the arrest of Muhammad Ali was not shown. Muhammad Sarwar S.I. had told the Bailiff of this Court that Muhammad Ali was named as an accused in F.I.R. No.7/89. An examination of the F.I.R. No.7/89, Police Station Civil Lines shows that the name A of Muhammad Ali is not mentioned there. Be that as it may, the fact remains that there was no report in the daily diary of Police Station Civil Lines, Bahawalpur, with regard to the arrest of the alleged detenu in a criminal case. That being the position, there is no option but to set him at liberty. He will not be arrested till 7‑2‑1989 so that he may move application for grant of pre‑arrest bail to him before a Court of competent jurisdiction if so advised. S./A./M‑1223/L Detenu released.