' Ahmad Bakhsh petitioner filed this petition under section 491, Cr.P.C. For the recovery of his son Haq Nawaz from the alleged illegal and improper custody of the S.H.O., Police Station Uch Sharif, District Bahawalpur. This application was supported by an affidavit. A bailiff was deputed for the recovery of Haq Nawaz who reached Police Station Uch Sharif at 5-50 p.m. On 20-8-1995. Haq Nawaz was found confined in the precincts of Police Station Uch Sharif, District Bahawalpur. His arrest was not shown in the Daily Diary of Police Station Uch Sharif when the same was examined by the bailiff. He was informed by the Police that no case was registered against Haq Nawaz. He directed the S.H.O. To appear before this Court on 21-8-1995 (today) alongwith Daily Diary.
2. Today Saeed Ahmad, Inspector/S. H .0. Is present before me alongwith Daily Diary. He has conceded before this Court that Haq Nawaz was neither required by the Police in any criminal case nor the fact of his arrest was entered in the Daily Diary. He simply apologised and put himself at the mercy of the Court. Since no case was registered against Haq Nawaz about whose arrest no entry was made in the Daily Diary I declare that his detention in Police Station Uch Sharif was simply illegal and improper. He is set at liberty to leave for a place of his own choice.
3. Saeed Ahmad, Inspector/S.H.O. Police Station Uch Sharif has put himself at the mercy of this Court. I am least impressed as it is a matter of common observation that whenever the Police Officers find that they are in hot water due to their own folly/fault about the creation of the situation by themselves they adopt such a conduct. However, afterwards they again start travelling on the same path. This Police Officer in violation of law, justice and fair play deprived Haq Nawaz of his liberty which is detestable act and is a serious matter in an Islamic State. The mercy plea raised by him is ignored.
4. Consequently Saeed Ahmad, Inspector/S.H.O. Police Station Uch Sharif, District Bahawalpur in the light of the rulings published as Abdul Majid v. S.H.O., Police Station Rohilanwali, District Muzaffargarh 1995 PCr.LJ 1209 (Lahore) and Abdul Qayyum v. S.H.O., Police Station Shalimar, Lahore (1993 PCr.LJ 91), is directed to pay costs in the sum of Rs,2,000 to Ahmad Baldish petitioner on 23-8- 1995 on which date he shall appear personally to do the needful failing which the penal action shall be taken against him and the recovery of the amount shall be effected from him as arrears of land revenue. He is also warned to be careful in future towards the petitioner and the released detenu in particular and the public in general.