MIAN ALLAH NAWAZ, J.-- 'Ghulam Shahbaz (herein applicant) invoked the jurisdiction of this Court under section 491 of Cr.P.C, for the recovery of his sons Ata Muhammad and Sardar Muhammad from the alleged illegal confinement of Allah Dad, S.H.O, and Malik Sharif Dogar, A.S.I, of Police Station Saddar Kehror Pacca (herein respondents Nos. 1 and 2). The bailiff, on the order of this Court raided the relevant police station and recovered Ata Muhammad who was produced in the Court on 17.2.1991. Allah Dad S.H.O, appeared on the said date of hearing and stated that Sardar Muhammad was arrested in FIR No. 265/90 which was lodged on 7.10.1990 by one Zulfiqar. It was further stated by him that Muhammad Aslam Baluch, Sardar Muhammad and Shah Muhammad were taking away buffalo of the complainant when they were intercepted by Allah Diwata and Muhammad Nawaz. The accused abandoned the buffalo and ran away. These witnesses handed over the buffalo to Zulfiqar who produced the buffalo before the police authorities and got the said information lodged. It was further stated by him that Muhammad Aslam was arrested on 2.2.1991, was in the judicial lock lip; that Sardar Muhammad was apprehended on 16.2.1991 while Ata Muhammad was taken into custody on the basis of statement of Muhammad Nawaz. However, he took up the position that Ata Muhammad was not involved in any case. In this background, S.H.O, was directed to produce Sardar Muhammad. On the next date of hearing Sardar Muhammad was produced.
2. The statement of both the detenus were recorded on 19.2.1991. The respondents were given opportunity to cross-examine the detenus. Sardar Muhammad was medically examined and in pursuance of this order of this Court; the medico legal certificate has been placed on the record which indicates that there were 19 injuries on his person. In view of these facts Mr. Muhammad Younas Bhatti, Advocate, learned Addl. Advocate-General were called upon to assist the Court as to what action should be taken against the delinquent police officials (herein respondents Nos. 1 and 2).
3. Learned counsel appearing on behalf of the application make following submissions: - i) It was contended that Atta Muhammad was detained in police station for a period of more than one month without any reasonable justification while Sardar Muhammad was also detained for a very long time under the extraneous and vicious influence of two local Zamindars (herein respondents Nos. 3 and 4) It was stated that. Sardar Muhammad was subjected to callous physical violence so these police officials have committed offences under sections 344, 345 and , 166 of PPC.
He argued that in the light of these facts a case be registered against these respondents.
4. Learned Addl. Advocate-General divided his argument in two parts i. e. Factual and legal. On factual plan it was submitted that both the detenus had a chequered record. According to him these detenus were involved in a number of cases which were registered at police station Kehror Pacca as well as police station Abbas Nagar. These cases indicated that these detenus were notorious thieves. So according to the learned Addl. Advocate-General they were not entitled to any relief from this Court. Then it was asserted that Atta Muhammad was detained in police station without any lawful justification. According to him it was a pure and simple case of unlawful detention. Regarding the second accused Sardar Muhammad the learned Addl. Advocate-General submitted with fairness that it was clear from the medico legal report that he had been subjected to violence. In view of this fact the four courses were suggested for punishment the offenders: 1) It was suggested that this Court might order the preliminary investigation under para 22 of the Letter Patent; the case might be registered under section 29 read with section 35 of the Police Act.
2) The Court might order the registration of case against the respondents.
3) The detenus be set at liberty and be directed to redress their grievance by filing complaint. It was stated that Sardar Muhammad be directed to seek after arrest bail from the Court of competent jurisdiction.
4) The Court may burden the respondents with heavy costs, reliance was placed on Mst. Sardar Begum v. Habib Shah Khan (PLD 1976 Lahore 216) and Naurang v. Malik Ayub and another (1986 P.Cr.L.J. 754).
5. Mr. Muhammad Younas Bhatti, Advocate, appearing as amicus curiae explained the various legal provisions dealing with the powers of this Court. It was maintained that this Court had authority under para 22 of Letters Patent to order the preliminary investigation of alleged offences committed by the police officials. In support of this contention reliance was placed on Shahnaz Begum v. The Hon'ble Judges of the High Court of Sind and Baluchistan (PLD 1971 S.C. 677).
6. I have heard the illuminating arguments of the learned counsel,
7. From the statements of the detenus and the record produced before this Court by the respondents it is quite clear that Atta Muhammad was found in the custody of respondents without any legal justification/authority. It is further clear that Sardar Muhammad was subjected to physical violence. From the medico legal report it is evident that Sardar Muhammad was inflicted 19 injuries. It is a matter of shame to note that some of the injuries are located at the private parts of Sardar Muhammad. The conclusion from the aforesaid resume of the events is irresistible and clear. I am inclined to stop the examination of this factual matter any further, lest it may prejudice the conduct of preliminary investigation.
8. Suffice it to say that or cherished State was achieved at alter of colossal loss of human life and material resources of muslims under the dynamic leadership of Quaid-i-Azam. Our State is Federal Islamic Republic; our Governments are not the Government of dynasties, individuals or few priviledge. Our Governments are of laws with orientation of golden principle as enshrined in the Holy Quran and Sunnah. The various departments of Government are charged with execution of their duties as a repositary of State. These powers flow from the Constitution. In this scheme, police is the branch of the Government which is assigned with the duty of preservation of public order, prevention/detection and punishment of crimes. To me this department of Government is of extreme importance. There is no dispute that police force is a disciplined organization and owe its existence to Police Act, 1861 (Act No. V of 1861). The relevant provisions of the Police Act dealing with the Constitution, Superintendence of Police Force or sections 2, 3,4,5 and 7 they are as follows:- "2. The entire police establishment under a Provincial Government shall, for the purposes of this Act, be deemed to be one police force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, * as shall from time to time be ordered by the Provincial Government.
Subject to the provisions of this Act the pay and all other conditions of service of members of the subordinate ranks of any police force shall be such as may be determined by the Provincial Government."
"3. The Superintendence of the police throughout a General Police- District shall vest in and **** shall be exercised by the Provincial Government to which such District is subordinate; and except as authorized under the provisions of this Act, no person, officer or Court shall be empowered by the Provincial Government to supersede or control any police functionary."
"4. The administration of the police throughout a general police- district shall be vested in an officer to be styled the Inspector-General of Police, and in such (Additional Inspector General, Deputy Inspector and Assistant Inspector General as the Provincial Government shall seem fit.
The administration of the police throughout the local jurisdiction of the Magistrate of the district shall, under the general control and direction of such Magistrate, be vested in a District Superintendent and such Assistant District Superintendents as the Provincial Government shall consider necessary.
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5. The Inspector General of Police shall have the full powers of a Magistrate throughout the general police-district; but shall exercise those powers subject to such limitations as may from time to time be imposed by the Provincial Government.
"7. Subject to such rules as the Provincial Government may from time to time may make under this Act the Inspector General (Addl. Inspector General), Deputy Inspector General, Assistant Inspector General and District Superintendents of Police may at any time dismiss (compulsorily retire), suspend or reduce (either in rank or within a time scale) any police officer of the subordinate ranks whom they shall think remiss or negligent in the discharge of his duty, or unfit for the same; (or may award any one or more of the following punishments to any police officer of the subordinate ranks) who shall discharge his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof namely:- a) fine to any amount not exceeding one month's pay; b) confinement to quarters for a term not exceeding fifteen days, with or without punishment drill, extra guard, fatigue or other duty; c) deprivation of good-conduct pay; d) removal from any office of distinction or special emolument; e) stoppage of increments."
The police station is the lowest unit for the exercise of criminal jurisdiction by police officials. Its limitations are fixed by Provincial Government under section 4(l)(s) of the Criminal Procedure Code. These posts/stations are of extreme significance. The Incharge of these police stations are concerned with the enforcement of laws and regulation of commission of fraud, crime, preservation of public order, prevention of conflicts of rights and insuring to each an uninterrupted enjoyment of rights under law. .Should these police stations become vehicle of oppression and tortur? Should these places become congenial soil for breeding of crimes/breaches of law? Can such police officers be termed as the preservers of laws? I am clear in my mind that no civilized society will countenance such a situation.
9. From the examination of sections 2, 3, 4, 5 and 7 it is quite deaf that the police services comprise of subordinate and supervisory police hierarchy. At the apex is the Inspector General of Police of Province who has been armed with even Magisterial powers. In this scheme the District Magistrate is also invested with powers of general control and direction of police force within his District.
Section 29 stipulates penalties for neglect of duties of police officers. In short the superior police officers are under statutory duty to watch the performance of subordinate police officials and see that they do not transgress their powers. The superior police officers have been given power to take departmental as well as criminal actions in respect of the delinquent officials.
10. Seen in this background it is clear to me that the allegations, materials pertaining to omission and commissions of offences by respondents Nos. 1 and 2 in this petition require preliminary investigation. Accordingly I feel proper to order the preliminary investigation.
11. Accordingly I in exercise of my power under para 22 of the Letters Patent, direct the Senior Superintendent of Police, to conduct the preliminary investigation in respect of omission and commission of Acts/Offices committed by respondents No. 1 and 2.
12. The Senior Superintendent of Police shall complete the preliminary investigation in accordance with lav, within 20 days of the receipt of this order and on the basis of his preliminary investigation shall .Initiate penal as well as departmental action against respondent No. 1 and 2 and any other person found involved. He shall send the report of his preliminary investigation and resultant action taken - to the Deputy Registrar (Judicial) of Lahore High Court, Multan Bench. The Deputy Registrar (Judicial) shall deliver the order of this Court, along the copy of the petition, statement of the detenus and attested copy of medical certificate of Sardar Muhammad on or before 10.3.1991.
13. Before parting with this order it is observed that Atta Muhammad who is arrested in a case .Shall seek bail after arrest from the Court of competent