' HASNAT AHMAD KHAN, J.---In continuation of my order dated 4-8-2008, respondent S.H.O.
Muhammad Latif Baig has produced the other three detenus, namely, Muhammad Sultan, Mudassar Hussain and Muhammad Rafique in Court.
2. In answer to a query made by this Court, Muhammad Sultan detenu states that on 26-7-2008 he was going to his home in a Dala/loader van, on the way he stayed at a hotel near the CNG Petrol Pump of Shah Kot, Faisalabad Road, to have a cup of tea where, he, along with Muhammad Rafique, the other detenu, was apprehended by Muzaffar Ali Bhatti A.S.I., present in the Court. Adds that thereafter they were illegally detained in Police Station Shah Kot. Further adds that during the said detention, he was physically tortured by Muzaffar Ali Bhatti A.S.I. (present in the Court) and other police officials under the supervision of Muhammad Latif Baig Inspector/SHO (present in the Court). He claims that this illegal detention was committed at the behest of one Irfan Gul, A.S.I., who is serving in the same Police Station as a Moharrir with whom, according to him (Sultan detenu), he has enmity. He further claims that at the time of his arrest his mobile phone and Rs,400 were forcibly snatched from him by Muzaffar Ali Bhatti A.S.I. (present in the Court). According to him (Sultan), during the said detention period, he was never produced before any learned Magistrate for obtaining physical/judicial remand. He prayed for an exceptional action against the police officials who have committed excesses with him.
3. On queries made by this Court, detenu Muhammad Rafiq states that he was arrested by Muzaffar Ali Bhatti A.S.I. (present in the Court) while he was having a cup of tea at a hotel near the CNG Petrol Pump of Shah Kot, Faisalabad Road, where after, he was detained in the lock up of P.S. Shah Kot, where, he was given brutal physical torture by some of the police officials on the direction of Muhammad Latif Baig Inspector/S.H.O. (present in the Court). According to him, during the period of his detention, he was never produced before any learned Magistrate for obtaining physical/judicial remand. He claims that his loader Van/Dalla bearing No, LET 3528, which was taken into possession by Muszaffar A.S.I. At the time of his (Rafiques) arrest, is still in the possession of police along with a mobile phone and an amount .Of Rs,600 recovered by the said police officer from his person.
4. When queried, Mudassar Hussain detainee, who claims himself to be a student of matric, states that on 26-7-2008 he visited Shah Kot along with detenu Rana Idrees in a car bearing No,LED 4021, XLI Toyota, where he was apprehended by Muszaffar Ali Bhatti A.S.I. (present in the Court).
Thereafter, according to him, he along with other detainees was detained in the police lock up of P.S. Shah Kot. During the said detention, he was given severe bearing by some of the police official after making him stark naked. He further claims that although he does not know the names of the police officials, who had thrashed him but he can identify them. According to him, he was never produced before any learned Magistrate to obtain his physical/judicial remand during the said period.
5. Conversely, Muzaffar Ali Bhatti A.S.I. (present in Court) states that he arrested all the detainees at 1-00 a.m. Between the night of 30th/31st July, 2008. However, he concedes that neither the arrest of all the detainees was shown in the relevant Register' at the Police Station nor were they produced before any learned Magistrate till their recovery by the Bailiff of this Court. Muhammad Latif Baig Inspector/S.H.O. (present in the Court) also concedes that the arrest of the detainees was not recorded in the relevant register. He further states that all the detainees produced before this Court today, are not required by him in any case. He however, claims that he is more than sure that the detenus are desperate criminals. In the afore-referred circumstances, since all the three detainees are admittedly not required by the police, therefore, they are set at liberty.
6. However, in view of the allegations levelled by all the detenus against Muhammad Latif Baig Inspector/S.H.O. And Muzaffar Ali Bhatti, A.S.I. Regarding the brutal police torture meted out to them (detenus) at the hands of the said officers, I am inclined to direct the Bailiff of this Court to get all the three detainees medically examined from the Surgeon Medico-Legal Punjab Lahore, today.
7. In view of the above, it has become crystal clear that Idrees detainee as well as the detainees produced by the police today, were not only in the illegal custody of respondent police officials but they were also tortured by the police, as complained by the detainees. The medico-legal report of Rana Idrees, who was medically examined by Surgeon Medico-legal Punjab Lahore, under the order dated 4-8-2008 passed by this Court, prima facie, supports the allegations levelled by Rana Idrees regarding physical torture meted out to him by the respondent police officers. Case of the present three detainees is almost similar to his case. The afore-referred circumstances do reflect that the respondent police official transgressed their powers and committed the offence of detaining all the detenus in their illegal detention apart from inflicting brutal physical torture on them. It is high time to curb the excess and illegalities committed by the police. The present case is the worst example of the transgression and misuse of powers by the respondents herein, therefore, this Court, is prima facie, of the view that they have committed cognizable offences and their conduct cannot be left unattended. Resultantly, respondent No,1 is directed to register a criminal case against himself as well as against Muzaffar al Bhatti A.S.I. Of Police Station Shahkot and other police officials who are connected with the alleged crime, on the written application of Ali Abbas petitioner, who shall, appear before respondent No,1 with a written application today in the evening.
Moreover, all the other items, along with vehicle, which were snatched/recovered from the detainees at the time of their alleged arrest, shall be returned to their respective owners.
8. Before parting with this order I would like to observe that such like police officers are bringing bad name to the entire police department without realizing that one rotten apple spoils the whole basket. They have become suppurating sore for the said Department, which needs major operation, therefore, it requires the attention of the Head of the Department in the provincial hierarchy to adopt appropriate measures to reform his department. Men in uniform are supposed to protect and serve people but many of them are doing otherwise. Many of the Station House Officers have failed to pay any heed to the instructions of the head of their own department on the subject of illegal detention, issued from time to time. Until and unless such like police officials are not dealt with iron hands, image of the police department cannot be improved in the eye of the public at large.
9. Office is directed to send a copy of this order to the District Police Officer, Nankana Sahib, for information and compliance under intimation to the Deputy Registrar (Judicial) of this Court. A copy of this order be also transmitted to the Provincial Police Officer Punjab, Lahore.