This order will be read in continuation of the order, dated 29-5-1989.
2. Saeed Ullah was arrested in case F.I.R. No.176, dated 2-5-1989 under section 216/506, P.P.C. But was granted bail by Saeed Ahmad Ashraf, Magistrate 1st Class, Chak Jhumra on 4-5-1989. Despite this bail order, Chak Jhumra Police handed over Saeed Ullah to the C.I.A. Staff, Faisalabad which obtained remand First on 5-5-1989 from the Resident Magistrate, then from Magistrate 1st Class, Tandlianwala and again from Mr. Saeed Ahmad Ashraf, Magistrate Ist Class, Chak Jhumra.
3. Mr. Saeed Ahmad Ashraf, Magistrate 1st Class, Chak Jhumra is present. He states that he was not informed that Saeed Ullah had been granted bail by him. The police may not have informed the Magistrate about the bail order but it is hard to believe that Saeed Ullah would not have protested against his illegal detention. Either the police had obtained the remand order without producing Saeed Ullah before the Magistrate or opportunity was not afforded to Saeed Ullah to make his submission. Mr. Saeed Ahmad Ashraf, Magistrate 1st Class Chak Jhumra is hereby directed to go into the relevant record including that of the police' for naming the police officers responsible for illegal detention of Saeed Ullah despite the bail order, dated 4-5-1989 and to get an appropriate criminal case registered against those responsible for these illegalities and excesses. He shall report compliance within four days.
4. Saeed Ullah was also arrested in cases F.I.R. No.198/89 and F.I.R. No.78/89. In these cases, the remand order was obtained from the Duty Magistrate and Mr. Irshad Ahmad Bosal, Magistrate 1st Class, Faisalabad. The cause shown in the Ziminis for se--king remand was inadequate and flimsy.
This is apparent from the fact that after few days, C.I.A. Staff got Saeed Ullah discharged in case F.I.R. No.109 of 1989. Muhammad Hayat, S.I. States that even in case F.I.R. No.78/89 dated 5-2-1989, Saeed Ullah is not needed as the police has not been able to collect any incriminatory material. He states that move is being made to have Saeed Ullah discharged from this case as well. He adds that Saeed Ullah is not needed in any other criminal case:
5. The arrest of Saeed Ullah was shown in these cases in order to frustrate the bail order obtained by him in the case FiR. No.176, dated 2-5-1989. It is unfortunate that learned Magistrate including Mr. Saeed Ahmad Ashraf, Magistrate 1st Class, Chak Jhumra and Mr. Irshad Ahmad Bosal, Magistrate 1st Class, Faisalabad passed remand orders in mechanical manner without applying judicial mind and without affording opportunity of proper defence through legal practitioner. Both the above- named Magistrates were administered warning to be careful in future.
The excesses of police by involving citizens in criminal cases without reasonable cause and through abuse of power vesting under section 54, Cr.P.C. Are on increase. The learned Magistrates before whom the accused are produced for obtaining remand order, are duty bound to consider each case on its own merits. They are not supposed to grant remand order mechanically. As the liberty of citizens is involved, the Magistrates are required by law to act fairly and consciously. A citizen is not to be deprived of his liberty without due cause. It will, therefore, be appropriate for a Magistrate not to pass the remand order as and when police appears before him. It would be appropriate for the. A Illaq Magistrates to fix time when on each day the police must produce the accused and the record for obtaining remand so that the members of the bar engaged by the accused are in a position to appear and represent the accused and oppose the grant of remand.
The tendency of the police to obtain remand from different Magistrates should also be curbed. I have noticed that in the instant case, remand was obtained from different Magistrates despite the written instructions of the District Magistrate that accused are to be produced for obtaining remand before the Illaqa Magistrate and the Duty Magistrate is to be approached only when the lllaqa Magistrate is not available and in that eventuality remand papers arc to be presented by the Reader of the Illaqa Magistrate. This practice should be followed strictly and the learned District Magistrates should take strict action against any one who violates these instructions. Even in those cases where for any reason, it is not possible to A produce the accused during the time fixed for obtaining remand, the learned Magistrate should ensure that accused is afforded opportunity to be represented by a counsel of his choice at the time that the papers are placed before him for obtaining remand. Hameed Ullah Qureshi, D.S.P. Submitted that C.I.A. Staff is not supposed to follow the aforenoted instructions of the District Magistrate regarding obtaining of remand order from the Illaq Magistrate. This assumption is unfounded. The C.I.A. Staff is also one of the agencies of the police and the criminal case the investigation of which is transferred to it, pertains to a particular police station. The C.I.A. Staff should; therefore, follow the instructions of the District Magistrate in this respect and are required to produce the accused before the Illaqa Magistrate. It is high time that every one has to recognize that liberty of citizens is sacred and is to be secured by all means.
7. As Saeed Ullah is not needed by C.I.A. Staff in case F.I.R. No.78/89, dated 5-2-1989 and move is also being made to have him discharged, there is no need to require him to even furnish bail bond in this case. The only case which stands registered against him is case F.I.R. No.176/89, dated 2-5- 1989 in which he has already been granted bail. In these circumstances, no order setting Saeed Ullah at liberty need be passed. This disposes of the constitution petition.
8. A copy of this order will be given Dasti to Mr. Saeed Ahmad Ashraf, Magistrate 1st Class, Chak Jhumra. A copy of this order shall also be forwarded to the District Magistrate, Faisalabad for ensuring compliance of the directions and the observations made above.