According to the Bailiff's report, Raza Nazir, the alleged detenu, was found sitting in a room in the office of C.IA. Police Station Qila Gujjar Singh in handcuff. Abdul Rashid, Inspector is present in person. When asked to state the case in which the alleged detenu has been arrested, he was unable to give any reply. He, however, stated that because the alleged detenu is a previous history-sheeter and as such he was arrested to verify whether he was facing the trials. He, could not point out any case registered against the detenu in which his arrest was required. There was also no entry made in any record about his arrest. It is also worth mentioning that the detenu being resident of Iqbal town, the police of Mama Iqbal Town has the authority to apprehend and in case he was required by any independent agency or other police station, the police of Mama Iqbal Town was to be informed. Further, according to Police Rules, Criminal Investigation Agency has no power to kidnap any person from any place without any order from the controlling officer. The act of Abdul Rashid, Inspector shows his highhandedness and is classic example of misuse of powers.
2. In these circumstances, a copy of the Bailiff report alongwith petitioner's application be forwarded to the D I -G , Lahore who is directed to immediately suspend Abdul Rashid, Inspector, register a criminal case for illegal detention and also initiate departmental proceedings against him under intimation to this Court.
3. It is also made clear to the D.I.-G. That the accused being Police Inspector, the inquiry should be got conducted by a wetted Police Officer not below the rank of S.P. Report should be submitted to this Court after a fortnight.
Raza Nazir, the alleged detenu is set at liberty. With regard to his illegal detention, he may, seek remedies in accordance with law.