121/85 under sections 419,420, 468 and 471 of the Pakistan Penal Code was registered. This case is still underAnyestigation. Criminal Miscellaneous No,99/T-85 relates to this case.
6. Colonel Sadiq Hassan Sheikh is a brother of the District Magistrate, Lahore. It is alleged on behalf of the petitioners in all the three matters that on account of his relationship with Colonel Sadiq Hassan Sheikh, the District Magistrate is intervehing in the criminal cases and thus perverting the course of justice. They have cited a number of instances to show how the Magistrates and the local police are being pressurised to harass them. Thus, it is stated ete that Muharymad Ashraf Sanik was arrested by the police after the st yegistration* the case at Police Station Gawalmandi. While under Q tft dy he siitkred a mild heart attack. On 17-4-1985 Mr. Abdul 'MagistraWcy releasedj. Him.
On bail mainly on medical grounds. The Disti ct:44 i4agisttVes,ply _fr tiVeiN,explanation of the Magistrate d s'.;:,equtently difficulties were put 'i- n his way inobtaining a copy of the bail order. It is also alleged that an 4-2A,4z1985 he was called to the Police Station Gawalmandi and given the optiar either to pay Rs,2,00,000 to Colc,rfel Sadiq Hassan Sheikh or suffer the registration of a criminal case against him. When his counsel inquired from the police officer concerned about the rrlson for his detention he was told by the said police officer that he was helpless and could not disclose under what tremendous pressure he was being made to act. He Was not released till midnight when he borrowed the said amount from a relative and paid it to an agent of Colonel Sadiq Hassan Sheikh. The petitioners have alleged that because of the influence of the Distrait Magistrate, petitioner No,1 was earlier unnecessarily remanded TO police custody on the pretext that the sum of Rs,2,00,000 was to be recovered from him even though it had been expressly advanced for the purpose of investment in his business. Subsequently, after the registration or a case on the report of the Sub-Registrar he was remanded to police custody on the ground that the original of the forged non-encumbrance certificate was to be recovered from hin. This was despite the fact that he had informed the Sub-Registrar that he had no knowledge about the preparation or existence of the salt certificate. It is also alleged that the normal avenues which are open to a person under arrest to seek relief have been denied to him by She evasive attitudes of the Magistrates in the District. While under custody he was kept in the unhealthy room even though he was diabetic and suffered from a heart condition.
7. In the writ petition it is further alleged that the local police ' 1Officerz have been putting pressure upon the petitioners to pay Rs,1,0L,000 to Colonel Sadiq Hassan Sheikh. A p imise is being held out to tiim that in case the payment is made the case registered at Police Station, Lower Mall will be withdrawn and he will be allowed bail.
8. In their reports both the Superintendent of Police and the officer incharge of Police Station Gawalmandi have denied the allegations that the petitioners are not being treated in accordance with law.
9. It is unnecessary for me to examine the allegations made b the petitioners in detail. It is an accepted principle of law tha justice should not only be done but it should also be seen to hav {{PAGE BLUR}}
(C) Constitution of Pakistan (1973)-- ---Art.l99--Criminal Procedure Code (V of 1898), S.561-A--Issuance of writ to act in accordance with law--Primary duty of Magistrate was to act in accordance with law without fear or favour-- Relationsh* of District Magistrate with complainant in criminal cases in t'- district should not stand in his way for ens.-ing 0.0- accordance with law to petitioners. [p. 31391 C 1 Khawaja Harts Ahmed for Appellant.
Tanveer Ahmad Khan, Addl. A.-0 Date of hearing: 27th November JUDG' ...401110re""
This order will dispose r f; registered as Criminal Mi,soctflaneous -140.,,', .., ._.. ..4,.., ,._Aiscellaneous No,99/T-85,9ind writ petition No,3496 of 1985. - -`2. On 4-3-1985 Colonel Sadiq Hassan Sheikh, a retired army officer, filed a civil su'it against Muhammad Ashraf Sanik, petitioner No,1 in all the three matters, for the recovery of Rs,12,68,000 rm the foot of five pro,missory notes allegedly executed by the latter between 30-11-1983 and 1-3-1984.
The plaint was rejected on 25-6-1985 by a Civil Judge on the ground that the plaintiff being a money ender did not possess a licence under the 'West Pakistan Money Lenders Ordinance. It is not known whether 'Colonel Sadiq Hassan Sheikh has filed any appeal.
3. On 15-4-1985 Colonel Sadiq Hassan Sheikh lodged an F.I.R. (bearing No,88/85) under sections 406 and 420 of the Pa"Stan Penal Code at Police Station Gawalmandi alleging that he had advanced a loan of Rs,2,00,000 for a period of one year in' November, 1982 to petitioner No,1 and his son on account of his previous relations with them. He stated that petitioner No,1 and his son had made a representation to him that they wanted to invest the money in their business of making gold chains and that they possessed the lat(.?.St machinery in this regard. By way of security they offered to 'him the machinery as well as their property on McLeod Road, known, as 1-A Patiala Ground. When after the expiry of the loan perioel he Piked for the return of his money they gave him a cheque for Rs,2,00,000 which was dishonoured by their bank. Later he found that they had misappropriated the amount of the loan and were now dr. Siding to leave the country after disposing of the machinery and their other properties. . The case was investigated by the police and a challan was pu'c in the t of Mr. Abdul 'Razzaq, Magistrate 1st Class, Lahore. The case; is still ing and Criminal Miscellaneous No, 96/T-85 relates to this case.
5. On 8-5-1985 Colonel Sadiq Hassan Sheikh moved an application before Sub-Registrar appointed under the Registration Act, alleging that petitioner 1 had forged a non-encumbrance certificate in order to sell off his property ited at McLeod Road, Lahore. The Sub-Registrar held an enquiry and on -1985 directed the officer incharge of Police Station, Lower Mall, Lahore to ister a case. A copy of this order was taken by Colonel Sadiq Hassan Sheikh to said police station on 13-6- 1985. On that very day a case F.I.R. No, been done. If the circumstances are such that they are capable of giving an impression to the accused person that he will not get justice from a particular Court a case for transfer is made out. A already pointed out, Colonel Sadiq Hassan Sheikh is stated to be the brother of the District Magistrate. He is the first informant in the case pending in the court of Mr. Abdul Razzaq, Magistrate 1st Class, Lahore. The relationship between the District Magistrate and Colone Sadiq Hassan Sheikh is such that apprehension can reasonably arise in the minds of petitioners in Criminal Miscellaneous No,96/T-85 that they will not been able to get justice from the Court of Mr. Abdul Razzaq. I would accordingly withdraw the case from the Court an transfer it to the Court of Dr. Munir Ahmed Mughal, who I am informed is the most Senior Additional Sessions Judge at 'Lahore, for disposal, in accordance with law. Criminal Miscellaneous No,96/T-85 in accordingly allowed.
11. The case registered at Police Station, Lower Mall is still at the investigation stage and no challan has so far been submitted in the Court. Thus, there is no case at present which can be transferred by this Court in respect of the said F.I.R. The occasion for making an appropriate order will arise when a challan has been submitted against the petitioners. It will be open to the petitioners then to move this Court for relief. It is not open to me to give any general direction that all future cases that may be initiated by Colonel Sadiq Hassan Sheikh against the petitioners be taken cognizance of directly by the Sessions Judge for the purpose of remand, trial and consideration of bail application. Criminal Miscellaneous No, 99/T-85 is disposed of accordingly.
12. As regards the writ petition and the reliefs sought therein I need not give any specific direction to the respondents to act I accordance with law for as public servants that is their primary duty. They have been entrusted with certain functions under different statutes and it is expected of them that they will perform these functions without fear or favour. The relationship of the District Magistrate with Colonel Sadiq Hassan Sheikh should not stand is their way in ensuring that the petitioners in the writ petition are treated in accordance with law and are not denied the reliefs or the remedies which the law permits them to seek or pursue.' With these observations I would dismiss the writ petition in limine. I may however add that these observations should not in any way be taken as adverse reflection on the conduct of officers mentioned in the writ petition or treated as a finding on the truth or otherwise of the allegations made in the three petitions. A copy of this order may be sent to the learned Sessi is Judge, Lahore, who may in view of the relationship of Colonel Sadiq Hassan Sheikh with the District Magistrate, Lahore, consider keeping such application as the petitioners may prefer in the Court of Sessions on his own file. 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.