This order will dispose of CriminalOriginal No. 51/88; Writ PetitionNo. 4810 of 1988. And W.P. No. 4890 of 1988.
2. Criminal No. 51/88 has arisen out of Criminal Miscellaneous No. 537/H-88- Criminal Miscellaneous No. 53l/H-88 was a petition under section 491, Cr. P.C. By Mehr Muhammad Asif. He prayed for the recovery of his mother Mst. Sakina Bibi and brother Muhammad Tariq from the illegal detention of the S.H.O Police Station Civil Lines, Gujrat. A Bailiff of this Court was deputed-to cover the alleged detenues. He visited the Police Station in the evening of 29 August, 1988 and found Mst. Sakina Bibi and Muhammad Tariq detenues there. The respondent told him that Mst.
Sakina Bibi had not been summoned by him or any other Police Officer and that Muhammad Tariq detenu had been arrested under section 54, Cr.P.C. In case F.I.R. No. 194 dated 24-4-1988; under section 380, 411, P.P.C. And section 14 of the Offences Against Property (Enforcement of Hudood)
Ordinance, 1979. In this report, in addition to these facts, the Bailiff said that Muhammad Ashraf S.H.O. Had hurled abuses at the detenues and had also given them beating and when he intervened, he also misbehaved with him; t only did he misbehave with him, but also threatened him with imprisonment." On 21-9-1988, on the statement of Muhammad Ashraf S.H.O. That the alleged detenu Muhammad Tariq was not required in any case and that Mst. Sakina Bibi was already a free person, the Habeas Corpus petition was disposed of. The S.H.O was, however, called upon to file a written statement as regards the allegations in the report of the Bailiff and to show cause why he should not be proceeded against for the contempt of this Court.
3. The S.H.O. Has in his written reply given a long list of cases o theft and her offences against Muhammad Asif petitioner and his brother Muhammad Ansar adding that the petitioner and histh brother Muhammad Ansar had formed a gang and had committed offences like stealing motorcycles in various cities of Pakistan sending them under forged papers to various cities and selling them after fabricating National Identity-cards and letter heads of various firms. The forged and fabricated documents were recovered. "All this is being done under a sign by this gang and they are making an irreparable loss and injuries to the innocent people all over Pakistan". As to the alleged detention of Mst. Sakina Bibi, stated that she had come to the Police Station and wanted to give food to Muhammad Tariq and the police had allowed her to do so on humanitarian grounds.
He denied that he had misbehaved with the bailiff. He added that, in any case, "if this Hon'ble Court is of the opinion that the respondent did not show any respect to the orders of this Hon'ble Court, or he acted in a manner which was objectionable while dealing with the Bailiff of this Hon'ble Court, be tenders an unqualified apology and throws himself at the mercy of this Hon'ble Court---. In this connection he referred to his ---unblemished--- service record.
The petitioner Mehr Muhammad Asif has filed a rejoinder to this written Statement.
Writ Petition No. 4810/88 is by Mst. Sakina Bibi It was instituted on 4-9---1988. It is allegedthat on the night between 27-28/8/88, at about 11.30 P.M., Malik Mohammad Ashraf S.I. Former S.H.O. Police Station Civil Lines accompanied by some constables at the behest of political rivals of the petitioner---s son Muhammad Asif, forcibly and criminally trespassed into the petitioner and criminally intimidated her and her family members, broke open the almirah and removed golden ornaments and Rs. 12,300 in cash. She and her son Tariq were dragged out of the house and taken to the Police Station'. After mentioning the fact that habeas corpus petition was filed and the detenus were released, she prayed that a direction for the registration of a case under sections 161, 323, 324, 452, 506 etc. P.P.C. Be given.
5. In the para-wise comments filed by the S.H.O., the allegations have been denied. According to him Muhammad Ansar and Muhammad Asif are notorious criminals and motor-cycle lifters. Ansar was involved in as many as 23 cases ok different districts and stood declared as P O and Court absconder, in some pending cases while Muhammad Asif was involved in eight cases; they were also wanted by the Karachi police in eight cases, their arrest and transfer to Karachi was wanted vide Letter No. Judl-II-18(2)/87 dated 16-3-1988 issued by Home Department, Government of the Punjab, Lahore ------..The petitioner in order to save her son from arrest as prayed in this petition, formed baseless allegation with a view to hoodwink the police".
6. Writ Petition No. 4890/88 is by Mehr Muhammad Asif and it was instituted on 13-9-1988. After stating the above facts, the petitioner stated therein that the respondent Police Officer Malik Muhammad Ashraf in total disregard of law has started causing unnecessary harassment to the petitioner and his family members. He has extended threats that if they failed to desist from prosecuting the case against him initiated at their instance, they would be further involved in false criminal cases and be taught a lesson that would be remembered even by their future generation.
He has also threatened to disgrace the petitioner's womenfolk by getting them abducted by notorious goondas and desperate persons. This is being done for the simple reason that the petitioner has raised voice about the naked highhandedness of a Police Officer". The prayer in this petition is that the respondent may be refrained from causing unnecessary harassment to and criminally intimidating the petitioner and his family members"
7. As has been seen above, the petitioner Mehr Muhammad Asif and his brother Muhammad Ansar have been challaned in a number of cases for offences such as sections 380, 411, P.P.C. And section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. Mehr Muhammad Asif petitioner was also required in some similar cases in Karachi and the Karachi police has moved the Punjab Government for his arrest and transfer to Karachi. In connection with these cases the police have to interrogate him; there is also no question that the police is competent to investigate the cases registered against Mehr Muhammad Asif petitioner and his brother. In the circumstances I would not, in my discretion, grant the relief asked for in W.P. No. 4810/88 and W.P.
No. 4890 of 1988. As regards W.P. No. 4810/88, there is an additional ground for f refusing the relief namely that Mst. Sakina Bibi has an alternative adequate remedy of a criminal complaint available to her.
7. Regarding Criminal Original No. 51 of 1988, 1 do not think it necessary to go into the merits of the allegations; I am inclined to accept the unqualified apology tendered by Muhammad Ashraf S.H.O.
The petitions are disposed of accordingly.