In prsuance to the order, dated 23-11-1991 the Bailiff has produced the detenu, Muhammad Iqbal in the Court and submitted his report in respect thereof.
2. In brief, the report is to the effect that the detenu was found in the lock-up of the police station but there was no entry in the `Roznamcha' in respect of his having been taken into custody, nor was there any case registered against him. It is further stated therein that Karar Hussain A.S.I. Had taken the said detenu in custody in pursuance to, an application marked by the D.S.P. And had stated that he had released him thereafter on the, guarantee of a person (not named) to produce him when required for investigation, and that the said detenu had come into the police station at around 4-30 p.m. Today for the said purpose.
3. The detenu, Muhammad Iqbal, stated that the said A.S.I., Karar, Hussain, had taken him into custody on 19-11-1991, from Link Road, Street No.4, Ram Garh, Lahore, and had taken him to Police Station `B' Division, Sheikhupura, and since then he was in the lock-up, and that he was rescued by the Bailiff of this Court.
4. Karar Hussain A.S.I., on the other hand, reiterated what he had stated to the Bailiff, as stated above. Muhammad Naseem Khan, S.I./S.H.O., supported the statement of Karar Hussain A.S.I. To the effect that he had received an application marked by the Deputy Superintendent of Police filed by the one Sardar Ali and that he had entrusted the investigation of the same to Karar Hussain A.S.I.
Further submitted that as he was on leave for the last two days, therefore, he does not know of the detenu, Muhammad Iqbal, having been locked up in the police station.
5. However, at this stage, on a question by the Court, Karar Hussain, A.S.I., stated that the Bailiff had taken .The detenu, Muhammad Iqbal, into custody from the lock-up.
6. In view of what has been stated above, the detenu, Muhammad Iqbal, G having been detained illegally and improperly by the A.S.I., Karar Hussain, is I hereby set at liberty.
7. In view of the circumstances of the illegal detention of Muhammad Iqbal as stated above, a copy of the present order shall be sent to the Superintendent of Police, Sheikhupura, for necessary action in this respect, in accordance with law, with intimation to this Court, within two weeks.