1. ' IMAM ALI G. KAZI, J.---This application under section 491, Criminal Procedure Code has been filed by applicant Jaindar son of Bahadur Khoso, complaining that Mst. Gullan and Mst. Husna are illegally confined by the Station House Officer, Jamshoro Police Station, with a prayer that both the ladies be set at liberty.
2. ' It is stated in the application that Mst. Gullan is married to one Hussain while Mst. Husna is married to one Mehrab and they lived with their husbands at Pipri, Karachi, their husbands being workers in the Steel Mill.
3. ' It is alleged that on 5-8-1992, the Police Officer of Budhapur Police Station raided the houses here the two ladies were living at Pipri and took them away. Since then the two ladies have been kept in wrongful confinement by the SHO, Police Station Budhapur, till 22-8-1992. Thereafter Station House Officer, Jamshoro Police Station, took their custody and they are kept in wrongful confinement by him.
4. ' On 26-8-1992, Mohammad Din son of Bahadur Khan, Sub-Inspector of Police posted at Jamshoro Police Station produced two ladies in Court and he was examined. He stated that on 22-8-1992, Liaquat Ali, Inspector of Police and Station House Officer, Police Station Jamshoro, had brought Mst.
5. Gullan and Mst. Husna from Police Station Budhapur in custody. Both of them were required in Crime No,9/92 of Budhapur Police Station and the Deputy Inspector-General of Police, Hyderabad Division, had transferred this case for investigation to Jamshoro Police Station. He further stated that the twb ladies were kept in custody at Police Station Jamshoro as they were brought from Budhapur Police Station for recording their statements under section 164, Cr.P.C. After referring to the case diary of 5-8-1992 he stated that Muhammad Umer, the Station House Officer, Budhapur Police Station, had gone to Bin Qasim Police Station, Karachi, obtained assistance from that Police Station, raided a quarter bearing No,3 near Railway Station Bin Qasim and secured the two ladies from that quarter in presence of Mashirs. The two ladies were brought in custody to Police Station Budhapur. Since 5-8-1992, both the ladies have been kept in custody either at Police Station Budhapur or at Jamshoro Police Station. They were kept in custody for the purpose of recording their statements under section 164, Cr.P.C.
6. ' Both the ladies were produced in Court and were examined. They confirmed the facts stated by Muhammad Din Sub-Inspector of Police.
7. ' Muhammad Umer son of Bago Khan Shahani, Station House Officer, Budhapur Police Station, was present and was examined on the same date. He stated that a case under Zina Ordinance was registered against the two ladies at his Police Station and they were arrested in that case. The Deputy Inspector General of Police, Hyderabad on the complaint of the complainant in the case had transferred it to Police Station Jamshoro for investigation. As the case was transferred to them for investigation the Jamshoro police took them in their custody. He admitted that initially he had secured both the ladies in the investigation of the case registered at his Police Station referred to above. During investigation of that case it transpired that they were the accused persons in the case and not witnesses. He, therefore, arrested them as accused persons in the case. He further admitted that he did not obtain any orders of remand of the two ladies authorising him to keep them in his custody as the post of Civil Judge and First Class Magistrate, Kotri, was vacant and the Mukhtiarkar and First Class Magistrate, Kotri, was on flood duty.
8. Evidence recorded by us in Court mentioned above clearly indicated that the two ladies were kept in custody by Jamshoro Police Station since 22-8-1992 only for the purpose of recording their statements under section 164, Cr.P.C. It is unthinkable that any witness can be kept in custody by a Police Officer for four days only for the purpose of recording his statement under section 164, Cr.P.C.
9. We had, therefore, ordered that they be set at liberty forthwith and postponed recording of the reasons for allowing the application.
10. ' The admitted facts of the case are that the two ladies were arrested on 5-8-1992 from Quarter No,3 near Railway Station, Bin Qasim, Karachi by Muhammad Umer son of Bago Khan Shahani, Station House Officer, Budhapur Police Station, who kept them in his custody without any authority for sixteen days till 22-8-1992, when their custody was transferred to the officers of Police Station Jamshoro. Liaquat Ali, the Inspector of Police and Station House Officer, Jamshoro conveniently and at his pleasure lodged them in illegal detention till 26th August, 1992 when they were produced in Court and were set at liberty by us.
11. ' It is indeed horrifying to note that even when we are approaching the end of 20th Century, Police Officers in the Province of Sindh are bold enough to keep persons in their custody in flagrant violation of law and without any lawful authority.
12. ' It appears that no higher officer of the Police Department had the chance to visit the police stations to notice the presence of the two ladies kept in Police lock-ups of the two police stations.
13. Even the Deputy Inspector-General of Police, Hyderabad did not notice from the papers of case which must have been placed before him for passing the order transferring the case to the other police station for investigation, that the two ladies were in wrongful confinement.
14. ' The admitted facts stated above clearly indicate that the officers of both the police stations are indeed liable to be prosecuted in a Court of law for having wrongfully confined the two ladies at their police stations. We direct that the Inspector-General of Police, Sindh, after conducting detailed probe in this case either by himself or through one of his competent subordinate officers of known integrity will ensure registration of offence of illegal detention and wrongful confinement of the two ladies against the delinquent officers in the tragic episode mentioned above.
15. ' For the above reasons we had by our short order passed on 26-8-1992, allowed the application and set the two ladies at liberty.
16. ' Copy of this judgment shall be sent to the Chief Secretary, the Home Secretary, Government of Sindh and Inspector-General of Police for ensuring compliance of the directions contained hereinabove.