ORDER MUHAMMAD NASEEM CHAUDHRI, J.-- About an occurrence taking place within the territorial limits of Police Station City Bahawalnagar.
FIR No. 33 J dated 6-6-1997 has been registered under Article l2 of the Offence of Zina (Enforcement of Hudood ) Ordinance 1979 and under section 377 Pakistan penal Code. Saeed Ahmad and Irshad accused have been arrested and are stated to be in the judicial lock up How ev er. Imtiaz accused, brother of Riaz Ahmad petitioner and step son of Muhammad Din petitioner, as well as Jangu alias Jang Sher accused, son of Muhammad Ismail petitioner, are stated to be fugitive of law. To procure their attendance the petitioners are alleged to be the. Target of the police whose houses are stated to be searched without any search warrant and the pardali observing ladies are humiliated and insulted. In the aforesaid circumstances the petitioners have filed this petition getting the SHO Police Station City Bahawalnagar restrained from harassing them.
2. In view of the recitals of this writ petition there is no need to call the comments or to summon the SHO. Police Station City Bahawalnagar/respondent.
3. I have heard the learned counsel for the petitioners and the learned Assistant Advocate General, In the circumstances of the matter I would like to express that according to the Famous Address commonly known as "Khutbat-ul-Hajjat-ul-Widah" .Our Holy Prophet Muhammad (peace be upon him) has very kindly expressed that no body is responsible for the act(s) of the others. The father is not responsible for the act(s) of the son and vice versa a son is not responsible for the act(s) of the father. This, Court is bound to respectfully follow the aforesaid words of the Holy Prophet (Peace be upon him). The petitioners are not the accused of the case whose persons are not required by the police. Hence they are held entitled to the proposed relief. Therefore I restrain the SHO Police Station City Bahawalnagar from harassing the petitioners and members of their families in any form.
4. It shall not be out of place to express that it has become a practice that the police enters any house on the assumption that without any search warrant the house can be searched under section 47 of the Code of Criminal Procedure to arrest the accused required by the police. This is the wrong interpretation of law. Sections 47 and 48 of the Code of Criminal Procedure provide that on reasonable information such powers can be exercised but sufficient time must be granted to the female inmates to withdraw therefrom and obviously keeping in view their honour and prestige.
It would be proper to express that Code of Criminal Procedure was enforced during the year 1898 and even at the time of British Rule there was the said provision of protection of "Chaddar and Chardiwari". After one century the aforesaid law has not been changed. Pakistan is an Islamic State wherein better values are expected to be maintained. The Constitution provides the safeguard of the honour and prestige of the citizens. If some member of the family has shown disrespect to the rule of law. That does not mean that others can be put to the ordeal of facing dishonour, disrespect and harassm ent in the alleged manner. Such a working of the Police not only offends the law the same is also violative of legal ethics and human rights.
This petition stands disposed of.