FAZAL-E-MIRAN CHAUHAN, J.--- The bailiff deputed by the Court vide order dated 29.12.2004 raided the Police Station. Nawan Lahore, Distt. T.T. Singh. He found the alleged detenu namely mar Daraz confined in the police lock-up of the said Police Station. The alleged detenu informed the bailiff that he is in custody of police for the last 14/15 days and since then he had been confined therein and he was not produced before any competent Court of law.
The alleged detenu, present in Court, states that the police had subjected him with severe torture and caused injuries to him and requested that he may be got medically examined.
Mr. Muhammad Nadeem, Bailiff, present in Court, states that in compliance of order of this Court he raided the said police station and took over the possession of the Rozenamcha Waqiati, in order to check the arrest of the alleged detenu and found that no entry of arrest was incorporated in the said register by the police, on inquiry from the S.H.O. Concerned about the exact date of arrest of the detenu, he got annoyed and used filthy language and utter derogatory remarks.
2. Abdul Majeed, Inspector/S.H.O., Police Station Nawan Lahore, present in Court, states that the entry of arrest could not be made due to fault of Police Officer, who arrested the accused. He further states that the alleged detenu is involved in case FIR Nos. 141/2004, dated 19.9.2004 under Sections 457/380, PPC Police Station Nawan, Lahore, Distt. Toba Tek Singh and FIR No. 462/01, FIR No. 354/04 and FIR No. 104/04. He was declared P.O. In case FIR No. 463 of 2001. The custody of the said detenu was delivered to police by one Sheikh Rizwan, Inspector, Anti-Corruption. The other accused of the FIR had already been sent to the jail by the learned Sessions Judge.
3. Learned counsel for the petitioner argues that since the arrest of the detenu is not recorded in the daily diary by the police, his arrest with the police is illegal and his further detention in the police lock-up shall be deemed to be without any lawful authority. It is further stated that during his arrest the detenu was subjected to severe torture. The S.H.O. Has misappropriated the cattle of the detenu as well and the said S.H.O. Is demanding Rs.50,000/- for the release of the said detenu. He further contended that, investigation from the present S.H.O. May be ordered to be transferred to some other honest police officer of the locality.
4. Learned A.A.-G., who entered appearance on Courts call, has states that though the entry of arrest of the detenu had not been mentioned in the daily diary of the police, which is a glaring illegality on the part of the said SHO; but his arrest had been shown in the "Zimnis" recorded by the said S.H.O. The alleged detenu is required in the abovesaid criminal cases. He frankly conceded that if the Police Officer had caused injuries to the alleged detenu by physical torture he may be got medically examined from District Medical Board in order to reach the logical conclusion, and if physical torture is proved, the Police Officer shall be dealt with strictly in accordance with law.
5. I have heard the learned counsel for the petitioner as well as learned Addl. A.-G. And perused the record. Apparently it appears that he alleged detenu had been subjected to severe torture and he had sustained injuries which can only be pinpointed after proper medical examination. The Medical Superintendent, Toba Tek Singh is hereby directed to get the detenu medically examined on 1.1.2005 by constituting a medical board consisting of senior Medical Officers and to submit the report to the D.R. (Judicial) of this Court. The prayer as regard release of the detenu is turned down; he had been reported to be involved in more than four criminal cases. As regards the omission of entry of arrest in the daily diary is a glaring illegality on the part of the Police officials and the said S.H.O. Present in Court admitted that due to his negligence the same could not be done. It is the statutory duty of the Police functionaries to act strictly in accordance with law and to deal with the public in a legal manner instead of detaining the persons illegally within the premises of Police Station.
6. As regards the misconduct committed by the said S.H.O. With the bailiff of this Court, he is guilty of misconduct and disobedience under Section 95, Cr.P.C. By questioning his authority to enquired from detenu regarding date of his arrest as well as confirming the same from the other persons, who were detained therein at that time. When a bailiff if deputed by the Court, he acts as representative of the Court. The S.H.O. By challenging his authority rendered himself guilty of misconduct.
7. Copy of this order be sent to the D.P.O., Toba Taik Singh, who is hereby directed to inquire into the matter, and shall proceed strictly in accordance with law against Abdul Majeed, Inspector/S.H.O., P.S., Nawan Lahore and shall initiate departmental proceedings against him for the negligence committed by him by not incorporating the date of arrest of the alleged detenu in the daily diary.
He shall further take disciplinary action against the said S.H.O. For committing misconduct with the bailiff of this Court and showing his non-cooperation regarding information sought by the bailiff and shall submit compliance report to the D.R. (J) of this Court within a period of one month.
8. If the petitioner is not satisfied with the investigation being conducted by said SHO he may move an application to the D.P.O. T.T. Singh for transfer of investigation, who shall pass appropriate orders in this respect. With the above directions the writ petition stands disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.