NASIR ASLAM ZAHID, CJ.- Mr. M. Rafiq Khanzada, advocate, appears for Mst. Amirzadi and states that it is an admitted position that the two detenus who have been produced in custody are facing trial before the learned Sessions Judge, Central, Karachi, in a Case registered under Section 399/307/402/353/34 PPC. It is also an admitted position that the two detenus are on remand from the learned Sessions Judge, Central, Karachi, at Central Prison Karachi. However, yince 30-9- 1992, the custody of the two detenus has been taken by SHO Bahadur Ali, who was previously SHO of P.S. Temoria and now P.S. New Karachi and according to him, the two detenus are involved in various dacoities and other thefts. Yesterday, we had directed Deputy Registrar (Judl) to make an enquiry from SHO New Karachi P.S., Inspector Bahadur Ali, about the detention and it was informed that the detune Nawab (and also detune Nawaz) are detained in his custody at New Karachi Police Station, although the cases are supposed to be registered at Khawaja Ajmer Nagri and Temoria P.Ss and that SI Bahadur Ali had obtained remand from the Magistrates respect of the two detenus since 30-9-1992 and the remand is expiring on 7-11-1992.
2. On the question, as to how he took custody from the Central Prison Karachi, he informed that he had obtained permission from DC Central. Admittedly, he has not obtained permission from Sessions Judge, Central. On further question as to why he was investigating the cases of other Police Stations, namely, Khawaja Ajmer-Nagri and Temoria where he was first posted and now posted at New Karachi P.S., he states that on 26-9-1992, SSP Shahid Nadeem of Karachi Central had given him oral instructions of investigating these cases against the detenus. On further question, SI Bahadur Ali stated that he had not made any entry in the Station Diary of any Police Station about the aforesaid oral instruction given by SSP Shahid Nadeem Karachi Central. We are, prima facie of the view that if an accused has been challaned and is facing trial before the court and that court had remanded the accused to judicial custody for being produced on the next date, the police cannot take away custody of that accused from the Jail without taking permission from the Court/Judge who has remanded the accused to judicial custody.
3. Th6 case pending before the Sessions Judge Central Karachi is of P.S. Khawaja Ajmer Nagri and Inspector Vakil Ahmed Khan SHO of P.S. Khawaja Ajmer Nagri is present. The custody of the two detenus is transferred to Inspector Vakil Ahmed Khan who may take them back to Central Prison Karachi so that they may be produced whenever required by the learned Sessions Judge Central in the case in which detenus are facing trial.
4. In case, SHO Bahadur Ali or any other Police Officer wants the custody of any detune in a case in such a situation, he should first obtain permission from the Judge/Court who has remanded the accused into judicial custody.
5. Copy of this order may be supplied to the learned AAG who may obtain instructions in writing of SSP Shahid Nadeem Central whether any oral instructions were given by him to SI Bahadur Ali, and if so, why written instructions were not given and also to make enquiries as to why SI Bahadur Ali had not recorded any entry in the Station Diary of his Police Station about the investigation instructions given by the SSP Central Karachi. The reply should be received within 10 days from SSP Central and it may be forwarded by the learned AAG to the MIT on which further orders will be passed on the -administrative side.
6. The remand granted till 7-11-1992 by DC Central is hereby cancelled.
C.P. No.D-2705/1992 stands disposed of.