1. In Criminal Miscellaneous No.151-H of 1991 Muhammad Arif Bailiff was directed to recover and produce Sana Ullah detenu before this Court so that he may be dealt with in accordance with law.
2. The detenu has been produced before the Court. Muhammad Nazir, S.H.O, respondent is also present. Statements of Bailiff, Muhammad Nazir, S.H.O, and Sana Ullahdetenu have been recorded.
3. Bailiff has also submitted a detailed report which has been placed on the record. It shall form a part of the record. The Bailiff has disclosed in the report that he found Sana Ullah detenu handcuffed while in the custody of Abdul Ghafoor F.C. He also stated that no criminal case was found to have been registered against him in the police station. Sana Ullah detenu has stated that he was taken into custody by respondent on 14-3-1991. He states that he was subjected to beating by the police. Muhammad Nazir, S.H.O, respondent states that the detenu is not an accused person in any criminal case. However, he has brought to my notice that a criminal case has been registered against the elder brother of the detenu. The evidence brought on record shows beyond any shadow of doubt that detenu was taken into custody by the respondent, S.H.O, without any legal justification. Admittedly, no criminal case was registered against him. He was recovered by Muhammad Arif Butt while he was found by him in chains at the distance of about 3 K.Ms. from bungalow Khai. The facts and circumstances of the case demonstrate that Sana Ullah was detained illegally and improperly by the police without having registered any case against him. In the circumstances, a direction is issued to the Superintendent of Police, Faisalabad to immediately register a case against the guilty police officials. A Senior Police Officer shall be deputed by the Senior Superintendent of Police to investigate the case. He will also submit a compliance report with a copy of the F.I.R, to this Court through Mr. Muhammad Akhtar, learned Additional Advocate- General. The detenu shall be medically examined today by the Police Surgeon, Lahore. In the circumstances, the detenu is set at liberty forthwith. Accordingly, the petition succeeds and is allowed.