1. ' Altaf Hussain son of Gulbaz Khan, caste Sajra, resident of Mohallah Islampura, Khushab was arrested by Khushab Police in case F.I.R. No,125, dated 1-5-1991 under Article 3/4 of the Prohibition (E.O.H.) Order, 1979 on the allegation that 15 grams of heroin was recovered from him. It is further alleged that in order to avoid his arrest he tried to scale over the wall and suffered some injuries due to fall. He was medically examined on 5-5-1991 and an abrasion and lacerated wounds were found on his person by Dr. Syed Muhammad Sibtain, M.O. District Head Quarters Hospital, Khushab.
2. The Jail Authorities referred him to Dr. Muhammad Javed Malik of D.H.Q. Hospital, Sargodha for treatment on 12-5-1992. Dr. Javed Malik examined him on the following day and admitted him in the hospital for treatment. Altaf Hussain informed Dr. M. Javed Malik that he had been tortured by the police and given burn injuries. He noticed a burn injury of altogether different dimension then the one mentioned in the Medico-legal Report of Dr. S.M. Sibtain, M.O. D.H.Q. Hospital, Khushab on 5- 5-1991.
2. Altaf Hussain was tried by the learned Additional Sessions Judge, Khushab and convicted under Article 4 of the Prohibition Order on 29-7-1992 and sentenced to two years' R.I. Plus fine and stripes.
3. On appeal, the Federal Shariat Court acquitted him on 15-9-1992 and observed in para. 2 of the judgment as follows:-- "It also appeared that all the proceedings with regard to the case were completed in the police station and not at the spot. Moreover, it is very easy to plant 15 grams of heroin against any person.
4. All the circumstances will show that a false case had been made against the appellant and actually he was tortured to bring pressure on the actual proclaimed offender Muhammad Sharif."
5. ' Altaf Hussain has filed this writ petition for the registration of case against Ahmad Bakhsh Gondal, Inspector, Muhammad Taj and Allah Yar S.I and Riaz Shah, for having tortured him. He also requests for the registration of case against D.I.-G. Sargodha, for having made a false report to this Court stating that the petitioner had suffered injuries in a bid to escape his arrest.
6. In the circumstances narrated above, D.I.-G. Sargodha Range is ordered to register case against the police officials mentioned above under appropriate provisions of law. He is further directed to entrust investigation to a senior officer not below the rank of D.S.P.
7. ' The request for registration of case against D.I.-G. Is not granted because there is no allegation against him of having taken any part in the alleged torture to the petitioner.
8. ' Disposed of accordingly.