' In compliance with the order of this Court dated 6-10-1992, medico-legal report from the Police Surgeon Punjab, Lahore, in respect of injuries on the person of Aurangzeb detenu has been received.
2. Waqar Javed, S.I. States that he had arrested the alleged detenu on 5-10-1992 at 6-00 a.m. In the morning under section 54 of the Cr.P.C. Suspecting that the motor-cycle, he was riding was a stolen property of case F.I.R. No,266/92 dated 1-10-1992 registered under section 379, P.P.C. At Police Station Civil Lines. He was put in the lock-up and a Rapat No,13 to that effect was entered in the daily diary. He further submits that at about 1-45 p.m. Zulfiqar Ali, Inspector, had taken the detenu to the police station for further investigation. He, however, concedes that daily diary does not contain any serial number and the report is entered on the last page of the Roznamcha.
Muhammad Azam, A.S.I. Moharrer, Police Station Peoples Colony states that the alleged detenu was brought at the police station by Zulfiqar Ali, Inspector/S.H.O. And was put in the police lock-up on 5- 10-1992 at 12-00 noon. He, however, admits that no entry regarding the confinement of the detenu was made in the daily diary of the police either by the Inspector or by him, as he did not know as to in what connection the alleged detenu was brought to the police station.
3. Zulfiqar Ali, H.C. No, 1141, Moharrir, states that at 1-45 p.m. On 5-10-1992, Zulfiqar Ali, Inspector, had taken the detenu from him to the police station. Rapat No,13 in this respect was written by him in the daily diary of the police post which was signed by the said Inspector.
4. Learned counsel for the petitioner submits that the detenu was kept in unlawful custody by the police from 1-10-1992 till the time of raid and was subjected to torture as is apparent from the medico-legal report made by the Police Surgeon, Medico-legal, Punjab, Lahore, which is placed on the file of this case. He accordingly submits that the police officers have committed an offence punishable under section 343, P.P.C. Read with section 337-L(2) of the Qisas and Diyat Ordinance and a direction may be issued for the registration of a criminal case against the police officials. The learned Additional Advocate-General supports the view that in the circumstances of the case, the police officers are prima facie guilty of the above-said offence.
5. I have considered the respective contentions made by the parties.Keeping in view the report of the Bailiff coupled with the statements of the respondents, the statement of the detenu and the medico-legal report, I find that prima facie, Zulfiqar Ali, Inspector/S.H.O. With the active assistance of Sub-Inspector Waqar Javed etc. Had illegally detained Aurangzeb detenu in the police station and subjected him to torture. It is apparent from the record that the detenu was not produced before the Magistrate till the Bailiff had recovered him.
6. The Senior Superintendent of Police, Gujranwala, is directed to look into the matter personally, get the case registered against the delinquent police officials and entrust the investigation to a senior police officer not less than the rank of a D.S.P. He is also directed to proceed against the said police officials departmentally as well. He shall submit his report to this Court within ten days.
7. To come up on 18-10-1992 for further proceedings.
8. Keeping in view the above circumstances, I admit Aurangzeb detenu to bail in the case F.I.R.
No,266/92 under section 379, P.P.C. Allegedly registered at Police Station Civil Lines, Gujranwala, subject to his furnishing security in the sum of Rs,10,000 with one surety in the like amount to the satisfaction of the Officer on Special Duty (Judicial) of this Court.