JUDGMENTMUHAMMAD NASEEM, J.- One Fida Hussain made an application before Muhammad Bashir, Sub-Inspeetor/SHO Basti Malook District Multan wherein he expressed that he was married to a widow lady named as Mst. Waziran Mai daughter of Muhammad Anwar petitioner who was being detained illegally and improperly by her father and her brothers Falak Sher, Ramzan and Sultan sons of Muhammad Anwar residents of Chak No. 17-MR and for the purpose of fornication she has been sent to Jam Qadir Bakhsh in Mauza Sheikhupura. On that application the said SHO directed in writing Muhammad Ayyub, Sub-Inspector for taking the legal action.
2. Muhammad Ayyub Sub-Inspector entered the matter at Report No. 20, dated, 11.6.1995 that he was going to Chak No. 17-MR alongwith constables for the recovery of Mst. Waziran Mai detenue. He recovered Mst.Waziran Mai alongwith her minor son Zafar ,ain born from her husband Muhammad Akram since deceased. He brought Mst. Waziran Mai, Falak Sher and Zafar Hussain to Police Station Basti Malook and made the entry at Report No. 30, dated 11.6.1995. He produced Mst. Waziran Mai before the^ Illaqa Magistrate on 12.6.1995 who recorded her statement wherein she expressed that she was married to Fida Hussain petitioner and wanted to accompany him. Thereafter, she was taken to Police Station Basti Malook Multan.
3. Muhammad Anwar petitioner made this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 and under Section 491 Cr.P.C, 'on 12.6.1995 for the recovery of his daughter Mst. Waziran Mai alongwith her minor sou as well as Falak Sher and Abdul Razzaq. A bailiff was deputed. Mst. Waziran Mai alongwith her minor son as well as Falak Sher and Abdul Razzaq were found in the precincts of the Police Station Basti Malook who were recovered. They were produced before this Court on 14.6.1995 when the statement of Mst. Waziran Mai was recorded to the effect that she was married to Fida Hussain and she wanted to accompany him. On that it was ordered that she could accompany Fida Hussain according to her own desire. The plea of the police was that Falak Sher and Abdul Razzaq were neither required in any criminal case nor their arrest was shown in the Daily Diary. They were declared as the detenus and were set at liberty to go to a place of their own choice vide order dated14.6.1995.
4. Since Fida Hussain did not move the S.H.O. Police Station Basti Malook for the registration of any case and his, desire through the making of the application was to get the person of Mst. Waziran Mai, my view is that it is a matter of alarming nature in view of the following legal aspects:-"(i)
According to Section I0O Cr.P.C, if any Magistrate of the First Class or Sub-Divisional Magistrate has reason to believe that any . Person is confined under such circumstances that the confinement amounts to an offence, he may issue a search- warrant and after the recovery of that person he shall be immediately taken before him (Magistrate), who shall make such order as in the circumstances of the case seem proper;(ii> Under Section 552 Cr.P.C, upon complaint made to a District Magistrate on oath of the abduction or unlawful detention of a woman, or of a female child under the age of sixteen year's for any unlawful purpose, he may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary,(iii) Under Section 491 Cr.P.C, the High Court has the power to issue direction of the nature of a Habeas Corpus for the release of a person illegally and improperly detained by any person including the police or public.(iv) Under Article 199 (a)(b)(i) of the Constitution of our beloved country the High Court is competent to set at liberty a person who has been detained without lawful authority or in unlawfulmanner. ,
5. Without prejudice I am tempted to express that the Police Officers at . The level of the Police Station 'Thana' have become fond of transgression of authority. It is an open secret that the police and the Magistracy are in league with each other. The initial application filed by Fida Hussain did not disclose the commission of any cognizable offence and therein no prosecution witness was mentioned. In this view of the matter it can safely be expressed that the Police Officers could not proceed on the application submitted by Fida Hussain in view of Sections I0O, 552, 491 Cr.P.C, and Article 199 (1) (b) (i) of the Constitution of Islamic Republic of Pakistan, 1973. To examine the matter I summoned the Senior Superintendent of Police appeared alongwith the Law Officer.
6. On 1.10.1995 Mr. Mushtaq Ahmad Sukhera Senior Superintendent of Police appeared alongwith Mr. Muhammad Iqbal Khichi, Assistant Advocate General when the learned counsel for the petitioner, both the aforesaid Muhammad Bashir, Sub-Inspector and Muhammad Ayyub, Sub-Inspector as well as Ghulam Haider Inspector Legal and Bashir Ahmad, Inspector Legal also appeared. Mr. Mushtaq Ahmad Sukhera, Senior Superintendent of Police scrupulously conceded that Loth the Police Officers Lad no power to proceed on the application filed before them and that the female could not be recovered. He was told that the people of the district are facing the problems due to working of his subordinates when he expressed that he would make eveiy effort to enhance the prestige of his department and that he would issue the written direction and would also verbally direct the Police Officers in the meeting that for the recovery of the females from the house(s) of the parents and/or admitted husband they (subordinatePolice Officers) shall riot proceed in any case. Mr. Mushtaq Ahmad Sukhera, Senior Superintendent of Police, Multan has recently taken over after his transfer to Multan.
7. In view of the aforesaid aspect of the matter I could proceed against the Police Officers for the commission of the contempt of this Court as they have exercised the powers under Section 491 Cr.P.C, and under Article 199 (1) (b) (i) of the Constitution of Islamic Republic of Pakistan, 1973.
Muhammad Ayyub, Sub-Inspector is a young law-graduate while Muhammad Bashir is a person of advanced age. They have submitted separate unconditional written apology wherein they have expressed that they have kids/children and put themselves at the mercy of this Court. They have expressed that each of them has been suspended by the Senior Superintendent of Police and have been transferred to the Police Lines Multan. Forgiveness is a divine qualification and especially on the part of this Court. The respective written reply submitted by both the Police Officers is accepted who have been warned to be careful in future. If such an illegal act is committed by any of them in future and that come to the notice of this Court, this matter shall also be opened so that they are properly dealt with. The)' have promised to be careful in future and they should remain careful keeping in view their own interest and future. This matter about the transgression of authority on the part of the police is disposed of.