' MUHAMMAD AKHTAR SHABBIR, J.-This habeas petition was filed by the petitioner for the recovery of Malik Khyzei: Hayat son of Malik Hassan Bukhsh, Rab Nawaz son of Ghulam Muhammad, Khadim Hussain son of Amir Bakhsh and Fayyaz, Riaz and Khadim Hussain sons of Lukhan from the alleged illegal custody of the respondents. The petition had been filed on 14-9-2006 at late hours and came up-for hearing before this Court. A bailiff of this Court was deputed to recover and produce the detenus in this Court.
2. In compliance with the order of the Court the bailiff raided the police the same day at 5-00 p.m.
And took into possession Roznamcha Waqiati/Police Diary of the police station and searched out the detenus. He found Khizer Hayat son of Malik Hassan Bakhsh, Khadim son of Amir Bakhsh and Rab Nawaz son of Ghulam Muhammad detenus in the police lock-up who told the bailiff that they had been arrested by the police about 7/8 days back and they were given beatings and maltreated by the police. Riaz detenu was also found in the police station who stated the bailiff that he was arrested on the last Thursday. Fayyaz son of Lukhan detenu was also standing in the police station who told that he was arrested about 7/8 days back. Both these detenus also complained of maltreatment and beatings by the police. Khadim Hussain son of Lakhan detenu stated that he was not arrested by the police and that he had come to meet the detenus in the police station. On inquiry, Muhammad Yaqoob, Naib Moharrar of the concerned police station stated the bailiff that Khizer Hayat, Khadim son of Amir Bukhsh and Rab Nawaz detenus are nominated accused of case F.I.R. No,327 dated 7-9-2006 under section 16 of the Offence of Zina (Enforcement of Hadood) Ordinance 1979 of the said police station and that the remaining detenus i.e, Fayyaz, Riaz and Khadim Hussain sons of Lakhan were not nominated in the said F.I.R. In the Rapt Rozmancha the arrest of these detenus has not been entered so much so that the Roznamcha dated 14-9-2006 has not been closed at 7-30 a.m. And the last Zimni w^s recorded at 7-00 a.m.
Two papers in the Roznamcha were found unwritten/blank which were cancelled by the bailiff.
3. It is established on the record that Khizer Hayat, Rab Nawaz and Khadim Hussain son of Amir Bukhsh detenus were nominated in the F.I.R. And as per the police version they were arrested on the same day but their arrest was not entered in the Rozmancha Waqiati. At this stage Khadim Hussain, Fayyaz and Riaz sons of Lukhan detenues have jointly stated, that they had been kept at the Dera of one Falak Sher Bhatti Nazim and have been severely given beatings by the police.
Khadim Hussain detenu sustained injuries on his body and according to him he was got dressed from the hospital by the police. I have seen his injuries in the open Court. Riaz detenu has also sustained injuries. In this view of the matter, the bailiff of the Court is directed to take these injured detenus to Nishtar Hospital Multan and get them medically examined by the concerned doctors and obtain their medico-legal certificates. The said three detenus were not nominated in any F.I.R. But they were found by the bailiff in the police station, They have categorically stated in presence of the police that they have been arrested 7/8 days prior to the .Raid of the bailiff which assertion has not been refuted by the S.H.O. Present in Court, therefore, there is no reason to disbelieve the statement of these detenus who have sustained injuries at the hands of the police. After obtaining medico-legal certificates, the S .H. O. Concerned is directed to record statement of Khadim Hussain detenu under section 154, Cr.P.C. And register a case. After registration of the case the S.P. (Investigation), Multan will himself investigate the same and submit the challah against the delinquents and submit report in this regard to the Deputy Registrar (J.) of this Court. Since Khizer Hayat, Khadim Hussain son of Amir Bakhsh and Rab Nawaz detenus are nominated accused of the abovementioned F.I.R.
Therefore, this petition to their extent is dismissed. However, they can file application for their post- arrest bail in the concerned Court. So far as the case of the other detenus is concerned they are set at liberty.
4. A copy of this order shall be sent to the D.P.O., Multan who will initiate departmental proceedings against the delinquent police officials. The detenus who were not nominated accused of the F.I.R.
May, if so advised, take legal action against the police as well.