' TARIQ SHAMIM, J.--- Pursuant to the order of this Court dated 5-9-2006, the Bailiff of this Court conducted the raid at Police Station Bawana, District Jhang for recovery of the alleged detenu.
According to the report submitted by the Bailiff, he arrived at police station at 5-30 p.m. On 5-9- 2006 and found the detenu confined in the lock-up of the said police station. On the inquiry from the detenu, it transpired that he had been arrested by Mehr Zahoor, S.-I. About two and half months ago from Chiniot and had not been produced before any Court of law. Tallat Mehmood, Inspector/S.H.O., who was present at the police station, stated that the detenu had been arrested by the Incharge Police Post Jamiawala on 5-9-2006 in connection with case F.I.R. No,4 of 2006, dated 4-1-2006, registered under section 380, P.P.C. At Police Station Bawana and that during investigation of case F.I.R. No,300 of 2006, registered at the same police station the detenu had been found to be involved in the case by the Investigating Officer. He further stated that the arrest of the detenu had been recorded at police post, however, the record was not shown to the Bailiff.
The S.H.O. Did not disclose even the Rapat number whereby, according to him, the arrest of the detenu was recorded. The Bailiff examined the daily diary and found that formal arrest of the detenu was not recorded therein and examination of F.I.Rs, Nos.4 of 2006 and 300 of 2006 referred to above did not disclose that the detenu was nominated as an accused. The S.H.O. Further refused to show the police files to the Bailiff on the pretext that the same were with the Incharge Police Post, who was not present in the police station. As the detenu had neither been formally arrested in the daily diary nor nominated in the cases mentioned above, the Bailiff took him into custody and produced him before the Court today. Tallat Mehmood, Inspector/S.H.O. And Yousaf, S.-L are present in the Court who could not controvert the contents of the report submitted by the Bailiff.
2. It is evident from the report of the Bailiff that Mehr Zahoor, S.-I. As well as Tallat Mehmood, S.H.O., Police. Station Bawana, District Jhang kept the detenu- illegally in their custody. Further, the refusal of the S.H.O. To provide the record of police station to the Bailiff in order to verify the arrest of the detenu displays complete disrespect to the orders of this Court. The conduct of the said Police Officers is prima facie contumacious and constitutes defiance to the authority of this Court.
3. Since the detenu, as stated earlier, was neither nominated in the F.I.R. Nor his arrest had been shown in the daily diary of the police station, as such the detenu is set at liberty. The security deposited by the petitioner shall be refunded to him.
4. In the light of .What has been discussed above, the office is directed to send a copy of this order along with copies of the petition and the report of the Bailiff to the District Police Officer, Jhang, who is directed to probe the matter himself and initiate appropriate action against the delinquent Police Officers. A compliance report shall also be submitted to this Court within thirty days.
5. Disposed of in the above terms.