JUDGMENTMUHAMMAD NASEEM, J.- Crl. Miscl. No. 457/H/94 titled as Abdul Majeed vs. Station House Officer, Police Station, Rohilanwali, District Muzaffargarh was filed u/s 491 Cr.P.C, on 31.10.1994 by Abdul Majeed, a brother of Pir Bakhsh alias Mahr and cousin of Muhammad Shafi detenues. The Bailiff was deputed for the recovery of the aforesaid detenues for their production before this Court today (1.11.1994). Today both the aforesaid detenues have been produced by Zafar Iqbal Alvijunior Clerk Bailiff of this Court. In his report he has expressed that he reached Police Station Rohilanwali on 31.10.1994 at 6.10 p.m. He took into possession the daily diary of the said Police Station and searched for the aforesaid detenues who were found in the lock up. On his enquiry Abdur Sattar Patafi, SI/SHO intimated him that they have been arrested on 31.10.1994 at 11.00 a.m. In case FIR No. 150 dated 14.7.1994 registered at Police Station Rohilanwali under sections 457/380 PPC. According to this report the fact of arrest of both the detenues was mentioned at Zimni No. 17 of the case diary but in the daily diary of the Police Station that fact was not mentioned. According to the Bailiff the petitioner Abdul Majeed was not found by him who was searched for and afterwards appeared who told the Bailiff that he was belaboured by the police. Both the detenues were handed over to one Malik Khurshid Ahmad.2. Both Pir Bakhsh alias Mahr and Muhammad shafi detenues have been produced before me today (1.11.1994). I recorded the statements of the petitioner Abdul Majeed who stated that he went to Police Station Rohilanwali along with the Bailiff from where he was removed at a distance of one acre and was belaboured by the police and that he brought that fact to the notice of the Bailiff. Muhammad Shafi and Pir Bakhsh alias Mahr detenues stated that they were arrested at 9.30 p.m. On Sunday (the date comes to 30.10 .1994) from their houses situated in Mauza Khakhi. Police Station Jalalpur Pir Wala, District Multan. Muhammad Shafi stated that he was slapped by the Police in Police Station Rohilanwali. Pir Bakhsh alias Mahr stated that he was given the beating by the police with Sota on his knees, ankles and soles, that he could not .Walk and that he had not gone to any doctor named as Sale for his treatment. Both of them stated that they were arrested by Abdus Sattar Patafi, SHO along with the police party.3. Pir Bakhsh alias Mahr could not stand and walk. I passed the order for his medical examination. The Medical Board, Civil Hospital, Multan medically examined him and found 16 injuries on his person caused with a blunt weapon.
Injuries No. 1, 2, 7 and 14 were declared as "Ghair Jaifah Damiah" while the remaining injuries were declared as "Ghair Jaifah Harsa".The injuries were on the fore-arm, left writ, both the buttocks, right thigh, right leg, right knee joint, right ankle, dorsum and sole of right foot, back of left leg, front of lower part of left leg, whole of the dorsum and sole, of left foot. According to the Medical Board the injuries were caused within two days. Abdul Majeed petitioner of this petition was also examined by the Medical Board, Multan who found one injury on the left eye-brew and the other on the left leg caused with blunt weapon within 12-24 hours.
4. The contention of the SHO is that on 27.10.1994 Muhammad Ashiq Complainant also with Malik Manzoor Hussain son of Gul Muhammad. Noor Din and Mian Muhammad Nawaz came to him and intimated him that in his (Malik Ashiq Hussain) presence and one Malik Manzoor Hussain Khakhi, Pir Bakhsh and Muhammad Shaft confessed their guilt about the theft of ornaments when they deposed that they had made sale of the same in Multan. However, the statement of Malik Ashiq Hussain was not recorded by the police under section 161 Cr.P.C and there is nothing on the case file that Malik Manzoor Hussain Khakhi was summoned by the police for the said purpose.
Afterwards according to Zimni dated 31.10.1994 recorded at 11.00 a.m. From the shop of one Dr. Salim after receiving the secret information Pir Bakhsh in injured condition and Muhammad Shaft were arrested. It is also mentioned in the case diary that they confessed their guilt. Obviously, this part of the evidence is inadmissible being a confession before the police.
5. I am in full agreement with the learned counsel for the petitioner who before me that both Pir Bakhsh alias Mahr and Muhammad Shaft were under the illegal confinement of Abdus Sattar Patafi, SI/SHO, Police Station Rohilanwali, District Muzaffargarh. If both the accused were arrested on 31.10.1994 from the shop of Dr. Salim at 11.00 a.m. The fact must have been entered in the daily diary of Police Station Rohilanwali. However, it is admitted that this fact was not mentioned in the daily diary of Police Station Rohilanwali. The statements of Ashiq Hussain complainant and Malik Manzoor Hussain Khakhi have not been recorded by the police under section 161 Cr.P.C, about the alleged extra judicial confession attributed to both the detenues. The statement of Dr. Salim has also not been recorded by the police to the effect that both the accused were arrested from his shop as Pir Bakhsh alias Mahr had arrived there in injured condition. The condition of Pir Bakhsh alias Mahr stands well projected from a perusal of the medico legal report referred to above. He cannot stand and walk. It all shows that he has been belaboured by the police obviously at the instance of Abdus Sattar Patafi, SI/SHO, Police Station Rohilanwali, District Muzaffargarh. Since after the arrest of both the detcnues the fact was not entered in the daily diary of Police Station Rohilanwali, my confined view is that Zafar Iqbal Alvi, Bailiff facilitated Abdus Sattar Patafi, SI/SHO to enter the zimnis dated 27.10.1994 and 31.10.1994 to enable him to save his skin. However, without the relevant entry in the daily diary of Police Station Rohilanwali, Abdus Sattar Patafi, SHO has not succeeded in his design even though he was helped by Zafar Iqbal Alvi, Bailiff.mThis view stands advanced and established by the aforesaid fact that the statements of Ashiq Hussain complainant, Malik Manzoor Hussain Khakhi and Dr. Salim (who is not a qualified person) have not been recorded by the police. My view is that Dr. Salim has been introduced by the SHO to save his skin as he had belaboured Pir Bakhsh alias Mahr detenue to a great extent which fact stands established by perusal of medico legal report. The duration of injuries is within two days. He cannot stand and walk and was brought by different persons who had picked him up.I, therefore, hold that both Pir Bakhsh alias Mahr and Muhammad Shafi were not arrested in case FIR No. 150 dated 14.7.1994 registered at Police Station Rohilanwali under section 457/380,411 PPC. They were illegally confined by the police. They have been set at liberty.
6. Due to my aforesaid view about the working of Zafar Iqbal Alvi, Bailiff of this Court, the Additional Registrar is directed to remove his name from the relevant list and he shall bot be appointed as Bailiff in future. It is better to take up the matter to the extent of Abdus Sattar Patafi, SHO to take the action against him in view of his unauthorised and illegal working and for that matter this file shall be placed before md on 2.11.1994.
The detenues Pir Bakhsh alias Mahar and Muhammad Shafi illegally detained by Abdus Sattar Pitafi, SI/SHO, P.S. Rohilanwali were set at liberty yesterday (1.11.1994). It is detestable that Abdus Sattar Pitafi, SHO in violation of law, justice and fair play deprived both the aforesaid detenues of their liberty. To deprivd a person of his liberty, particularly in an Islamic State, is a serious matter and no exception can be taken thereto. Such high handedness on the part of a Police Officer cannot be ignored who must be burdened with costs as held in Alamgir versus SHO Model Town, Ldhdre (1983 P.Cr. L. J 76 Lahore) and Abdul Qayyum versus SHO, P.S. Shalimar, Lahore (1993 P.Cr.L.J 91 Lahore)As such Abdus Skttar Pitafi, SI/SHO, P.S. Rohilanwal Muzaffargarh is directed to pay costs in. The sum of Rs.3,000/- to Pir Bakhsh alias Mahar and Rs.2,000/- to Muhammad Shafi on 16.11.1994 in the Court on which date he shall appear personally to do the needful failing which the penal action shall be taken against him as well ks the recover of the amount shall be effected from him as arrears of land revenue. \The aforesaid SHO is also warned to be careful in future towards the released detenues in particular and public in general.