SAJJAD AHMED SIPRA J- Pursuant to the order dated 15.5.1994, the Bailiff has submitted his report, which is to the effect that the alleged detenue, Sharif Masih, was found standing in front of the reporting room of the police station in question. The report further states that the detenue had stated that he had been taken into custody from his house on 9.5.1994 and since then was kept at lire police station and had further stated that he had been tortured at the instance of Abdul Rehman AS1, but he could not show any sign of torture on his person. The report further states that the Moharrir had informed him that neither the detune was arrested nor was he required in any case and that he had come to the police station on his own few minutes before the Bailiffs arrival.
2. The SHO, present before the Court, submitted that he has taken charge of the police station only yesterday and pursuant to his inquiry, the police personnels of his police station informed that neither the alleged detune was taken into custody nor was he required in any case.
3. The alleged detune, Sharif Masih, on the other had, stated before the Court, that he had approached the police station in question for registration of a case in respect of the abduction of his daughter Mst. Rani, but to no avail, and that thereafter he had been taken into custody from his house on 9.5.1994 by Thanedar Riaz Cheema and that since then he had been confined in the police station and the police was pressurising to refrain him from the registration of the abduction case as stated above.
It has been taken notice of that Writ Petition No. 5659 of 1994 filed on behalf of Abdullah Masih, a brother of the alleged detune, is in respect of the registration of case regarding the abduction of his daughter, as stated above, and that appropriate order therein is being passed separately.
4. Riaz Cheema, AS1, present before the Court, denied having taken the detune into custody. Never the less, the SHO, Ghazanfar Ali Inspector of Police, present before the Court is hereby directed to look into the matter and to submit a report in respect thereof within one week from today.
5. However, as the alleged detune, Sharif Masih, was not under any restraint at the time of his recovery from the police station in question, therefore, notice issued herein is discharged and the habeas corpus petition is disposed of accordingly, but without prejudice to the rights of the petitioner and/or the alleged detune to initiate any action in accordance with law in respect of the grievances stated herein against the concerned police personnels including Riaz Cheema AS1.
Disposed of.