1. This Constitutional petition was filed for the recovery of Noor Muhammad alleged detenu, who according to the petitioner, was kept illegally by the respondent S.H.O. Police Station Mamun Kanjan since 7th of August, 1990. A bailiff was detailed who submitted his report. It is evident from the report that the bailiff reached the Police Station Mamun Kanjan at 2-00 p.m. On 14th of August, 1990 and asked Arshad Naib-Moharrir, who was present in the company of the S.H.O. Alongwith other police officials for the Roznamcha. Instead of providing Roznamcha to the bailiff, Arshad Naib- Moharrir took the same in his custody and went out of the police station. He again emerged at the premises after fifteen minutes and told the bailiff that the alleged detenu Noor Muhammad stood arrested in a case registered on 7th of August, 1990 vide F.I.R. No.246 under section 406/420, P.P.C.
2. He had further stated in his report that he found the alleged detenu in hand-cuff standing in the S.H.O.'s room. The detenu told the bailiff that he was taken in an illegal custody on the 7th of August, 1990 and was also physically maltreated.
3. Learned Judge on the submission of the bailiffs report on 15-8-1990 admitted the alleged detenu to bail on an application filed by him. The respondent S.H.O. Has controverted the bailiffs report as well as the averments made in the writ petition by filing a written statement. The petitioner has also filed rejoinder supported by five affidavits wherein the deponents have categorically stated that the alleged detenu Noor Muhammad was arrested by the police on the 7th of August, 1990 from his shop. The petitioner has also submitted the medical report of Noor Muhammad who was examined by a Board at Faisalabad on 8-9-1990 and according to the same two injuries of simple nature caused by blunt weapon were found on his buttocks. These two injuries, according to the report, are of one month duration.
4. I have heard the parties and have gone through the respective documents. Prima facie, the injuries found on the person of the alleged detenu tally with the period of detention stated in the writ petition. The bailiff also noticed those injuries on the person of Noor Muhammad at the time, he raided the police station on 14-8-1990. I do not want to dilate any further on this issue as it may ultimately prejudice the case of either party. However, I do not find any good reason to disagree with the bailiffs report who had pointed out the illegal detention as well as the high-handedness of the police. Accordingly, it is ordered that the petitioner shall approach the Superintendent of Police, Faisalabad with a written application who shall proceed in accordance with law against the delinquent police officials responsible for the illegal detention of Noor 4 Muhammad and the injuries suffered by him. The Superintendent of Police shall also take appropriate departmental action against Arshad Naib-Muharrir who deliberately avoided to provide Roznamcha to the bailiff and created hurdle in the due execution of the process of this Court. The writ petition is disposed of with the aforesaid direction with no order as to costs.