The bailiff, detailed in pursuance of the order dated 01.7.2008 conducted a successful raid at the premises of Police Station Chak Jhumra, District Faisalabad, and found both the detenus in illegal and unlawful custody of Respondent No, 1.
According to the report submitted by the bailiff, the detenus stated before him that they were arrested by the S.H.O. Police Station, Sahianwala. District Faisalabad, on 04.6.2008 and after detaining them at different police stations, their custody was handed over to Respondent No, 1 by Sher Muhammad Lai, S.I., Police Station Sahianwala. During this period they were never produced before any Court of law for obtaining their physical remand, as stated by the detenus, who further complained against the physical torture inflicted upon them by the police officials. On the query made by the bailiff, Respondent No, 1 stated before him that the detenus had been locked up in the police lock up of his police station on the asking of S.H.O. Police Station, Sahianwala but without any entry in the Roznamcha. He further reported to the bailiff that both the detenus were proclaimed offenders, however, no record recording the arrest of the detenus could be produced before the bailiff. A perusal of the report submitted by the bailiff further reflects that two other persons namely Saif Ullah and Mudassar Iqbal, were also found in the illegal captivity of Respondent No,
1. The said detenus were also apprehended by Sher Muhammad Lali, S.I., who according to the detenus, has set up a torture cell in the said police station. When the bailiff was about to leave the premises of Police Station, Sher Muhammad Lali, S.I. (Investigation Cell) Police Station Sahianwala, reached there and stated that both the alleged detenus had been arrested by him vide Rapt No, 8 dated 01.7.2008.
2. At this stage, on the Court's query, Mazhar Iqbal, detainee, states that he had been arrested by Tariq Aziz, S.I./S.H.O. Police Station, Sdhianwala, on 04.6.2008 whereafter he had been detained in the police lock up of Police Post Barnala, Police Station Sahianwala, therefore, he was shuttled between different police stations. He further explained that after four days of his arrest he was shitted to the premises of Police Station Sahianwali where he was kept in illegal custody for ten days, thereafter, he was produced before Tahir Maqsood, DSP; in whose presence he was made a victim of barbaric physical torture by Sher Muhammad Lali, S.I, subsequently, as claimed by the said detainee, he was shifted to Police Station Chak Jhumra, wherefrom he was recovered by the bailiff.
3. Yasir Iqbal, the other detainee, also made a similar statement.
4. The report as well as the statements made by the detainees, has been vehemently controverted by Respondent No, 1, according to whom, in his absence, the detainees were lodged in the lock-up of his police station by Sher Muhammad Lali, S.I., Police Station Sahianwala, on the day the raid was conducted by the Bailiff. The reason for lodging of the said detainees in his police station has been stated to be the depleted condition of the building of police station, Sahianwali. He, however, concedes that no entry was made in his police station regarding the lodging of the said detainees.
Similarly, he is unable to produce any document to show that due to the insufficient lodging arrangements for the accused in Police Station Sahianwala, the detainees were lodged in the police lock up of Police Station, Chak Jhumra.
5. Tariq, S.I./S.H.O. Police Station Sahianwala, who has also entered appearance before this Court, states that the statements made by the detenus are totally false and incorrect. He claims that, as a matter of fact, they were arrested by him on 01.7.2008 at 2:30 p.m. but due to the paucity of proper place for lodging and detaining the accused in his police station, their custody was handed over to the officials of Police Station, Chak Jhumra, nevertheless, owing to exigencies of his service he had to return back immediately, therefore, he could not make any entry regarding the arrest or delivering the custody of the detainees to the officials Of Police Station, Chak Jhumra. He maintains that the building of the Police. Station Sahianwali is in such a depleted and shabby condition that the accused could not be kept there.
At this stage he has submitted two different lists of criminal cases registered against Mazhar Iqbal and Yasir. detainees, respectively. He states that both the detainees are dangerous outlaws involved in cases of rape-cum-dacoity and burglary etc. He further maintains that before their arrest, made by him on 1.7.2008, both the detainees/accused had been declared as proclaimed offenders. To be more specific, he has stated that Mazhar Iqbal; detenu, is a proclaimed offender of case F.I.R. No, 1/2007 dated 02.1.2007, registered at P.S. Chak Jhumra, in respect of the offences under Sections 302/148/149, P.P.C. According to him in the said case the proceedings under Section 87, Cr.P.C. were initiated against Mazhar Iqbal, detainee, vide order dated 08.5.2007, passed by the Judicial Magistrate, Faisalabad. Insofar as Yasir, detainee, is concerned, he, according to Tariq, S.I., was proceeded against under Section 87, Cr.P.C. in a case FIR No, 235/2007 dated 02.10.2007, registered at P.S. Sahianwala, in respect of an offence under Section 392, P.P.C. The lists of cases along with the copies of certain FIRs, registered against both the detainees, have been placed on the record.
6. Having heard the parties and after going through the relevant documents, I find that, both the detainees stand- nominated in different criminals cases of serious nature. Resides that, before their arrest they had been declared as proclaimed offenders. The registration of criminal cases is always treated as a complete answer to a habeas corpus petition therefore, they cannot be set at liberty. However, considering the allegation that the detainees were victimized with third degree, physical torture, the bailiff of the Court is directed to get both the detainees medically examined from the Medico Legal Surgeon, Punjab, Lahore, today.
7. Though, the detainees are dangerous criminals involved in so many cases but the way they were dealt with is deplorable and cannot be encouraged. Prima facie, it appears that both the detainees were detained illegally without entering their arrest in the relevant register. After their arrest they were never produced before any Magistrate for obtaining their remand Respondent No, 1 has failed to advance any ,plausible reason for keening both the detenus in illegal custody though admittedly they were not required by him. The plea advanced by him that the detenus were locked up in his police station by Sher Muhammad Lali, S.I., in his (Respondent No, 1) absence, appears to be economical with truth. After all he is incharge of the police station and responsible for all the affairs and activities taking place within the premises of his police station, to say the least. Similarly, the statement of S.H.O. Sahianwali, does not appear to be correct. It is not believable that the building of his police station as well as that of police post falling within his jurisdiction is too shabby and depleted to lodge accused persons, therefore, the version put forward by all the police officers, in attendance, has been found to be a cooked up story.
8. Be that as it may, the police have got no authority to treat the accused even the dangerous or hardened criminals in an illegal manner. Due to such atrocities, illegalities and excesses, police department invites public's wrath and criticism. In a letter to the editor of daily "Dawn", a reader save vent to his anger/feelings in the following words:- "Why have the police become so vicious? Even animals are more humane than them. Animals only kill to eat, whereas the police seem to do it for fun."
I do appreciate that all of the police men are not of such a type but nevertheless the department needs to improve that general perception about it. One bad apple rots the whole basket. There are black sheep in the police department, which tarnish the image of the said Department. Therefore, the matter is referred to S.P. Lyllapur Town, Faisalabad, to hold an independent inquiry into this matter and proceed against the officers responsible for detaining the detainees illegally and making them victim of physical torture. While holding the said inquiry the matter of illegal detention of other detainees, who according to the bailiff, were also found in the alleged 'torture cell' ran under the very nose of Respondent No, 1, shall also be inquired into.
9. In this backdrop it would not be fair to allow the present investigating officer to further investigate the cases registered against the detainees-accused, therefore, the concerned S.P.
(Investigation) shall look into the desirability of entrusting the investigation of the said cases to some other police officer.
10. Security amount deposited by the petitioner shall be refunded to her after due verification and identification. Disposed of with the above directions.