MUHAMMAD AMIR MALIK, J.- The facts are rather complicated and with the help of the learned counsel appearing today at the bar and going through the record these appear to be as under:-
2. One Ch. Muhammad Irshad, the then M.P.A, was on bail before arrest from High Court in October, 1975. After the imposition of Martial Law he appeared in Court on 16.7.1977 and made a statement that he had been lifted by Muhammad Shafi Bhatti, City Inspector, Gujranwala, Rana Abdur Rashid, Inspector, P.S, Saddar Gujranwala, Nisar Akbar, SHO, P.S.Saddar, Gujranwala, Mirza Izzat Beg, SHO,P.S.Wahndo, district Gujranwala and Jahanzeb Barqi, the S.P. of Gujranwala.
3. The above-mentioned police officials had appeared in Court in writ petition No.2700 of 1975 (Ch. Muhammad Nawaz Vs, The Province of Punjab and others) and made statement on 31.10.1975 that they had not in any way arrested or taken into custody said Ch. Irshad.
4. When notices were issued to Inayatullah Afridi, Sadiq Cheema, ASI, Malik Fazal-i-Hussain, Assistant Director Federal Security Force, respondents in Crl.M.No. 673-M/77, they also made statements on 20.12.1975 denying the arrest or illegal custody of Ch. Irshad.
5. As indicated above when Ch. Irshad appeared in Court after the imposition of Martial Law and made statement, notices were issued to five police officials of district Gujranwala on 16.7.1977.
Record of Crl. Misc. No. 632-M/77 relates to their case. As explained by the O.S.D. (J) Crl.Org.No.65/77 was also dealt with alongwith this very file. Hon'ble the then Chief Justice on 12.10.1983 recorded the following order in the said matters;- "Nemo.
This is an old matter of 1977. It will not serve any purpose to take any further action in the matter.
Dismissed."
It is thus clear that the principal accused as to perjury were five police officials from district Gujranwala and the second set of offenders for perjury is of Inayatullah Afridi, Sadiq Cheema and Malik Fazal-i-Hussain.
6. Later on from the statements of the police officials of Gujranwala and the above-mentioned Inayatullah Afridi, Sadiq Cheema and Malik Fazal-i- Hussain it transpired that they had been abetted to perjure in Court by Mian Muhammad Abbas, Director, Malik Muhammad Siddiq, respondent in CrI.Misc.No.919-M/77, also a Director, Muhammad Abdullah, Deputy Director, respondent in No.Crl. Misc. 918-M/77 and Ch. Nazir Ahmad, Asst. Director, respondent in Crl.
Misc.No.796-M/77, all of Federal Security Force. Mian Muhammad Abbas has since departed from this world and the matter against him has abated.
7. Vide order dated 27.7.1977 the cases of abetment as to perjury were separated against Inayatullah Afridi, Malik Muhammad Siddiq, Muhammad Abdullah and Nazir Ahmad. This matter is the original while the connected four are the offshoot (as a result of separation).
8. Learned counsel for the respondent/accused have contended that the principal accused had been let off, the case of the present respondents was on a better footing who had been under the agony of the proceedings till today and the nature of their offence was also of lesser gravity inasmuch as they had only allegedly abetted. In similar matters springing from the same set of circumstances, all must be given equal treatment. On this principle keeping in view the order of the Hon'ble the then Chief Justice dated 12.10.1983 it is considered that it will not serve any purpose to take any further action in the matter against the accused/respondents as well. The proceedings are, therefore, dropped.
9. Disposed of.