RIAZ AHMAD, J- The facts giving rise to this petition are startling.
2. The detenu was arrested in a case registered against him under the provision of the Land Customs Act, and was sent to jail on 19th of February, 1990. On 20th of February, 1990 in a case bearing No.440 of 1990, the S.H.O., Police Station Mughalpura, sought the custody of the detenu through remand and the same was allowed from 20th of February, 1990 to 25th of February, 1990. It was a theft case and eventually the detenu was got discharged. Thereafter in a case bearing No.301 of 1990, S.H.O. Shalimar, obtained the custody of the detenu through remand from 4th of March to 7th of March, 1990 but eventually, the said case was also discharged. Thereafter in a case bearing No.11O of 1991, the CIA, Lahore obtained the custody of the detenu through remand from 12th of March, 1991 to 17th of March, 1991. In the meanwhile, this petition for habeas corpus was moved and accordingly, I directed the bailiff to recover and produce the detenu in this Court.
3. The report of the bailiff has also been perused. The detenu is also present. The remand period is coming to an end today and now Muhammad Ashraf, Inspector, CIA, states that so far nothing has been recovered at the instance of the detenu and he will be getting the detenu discharged tomorrow. Although, prima facie, this is a naked abuse of powers by the police to curtail the liberty of an individual, therefore, it will be left to the higher police officers to look into this matter. A copy of this order shall be sent to the District Magistrate who shall ensure and direct all the Magistrates in Lahore to be vigilant and watchful while handing over the person of an accused to the police through remand. The District Magistrate is also directed to issue a circular to all the Magistrates laying down the conditions in which the remand should be allowed and the Magistrates should also see all the relevant record and should also satisfy themselves that the remand is being obtained genuinely and in a bonafide manner.
Obviously, this case is a glaring example of the misuse of powers by the Magistrate as well, therefore, the attention of the District Magistrate is also drawn to this aspect of the case.
With these observations, this petition is disposed of. However, Muhammad Ashraf, Inspector, (CIA) shall appear tomorrow to apprise this Court about the fate of the case, in which, the detenu had been arrested.