' Ghularn Abbas petitioner filed Criminal Miscellaneous No,1051/H of 1995 against the S.H.O., Police Station City Chiniot, District Jhang under section 491, Cr.P.C. For the release of his maternal uncle, Nial, caste Chadhar, resident of Chak No,377/G.B., Tehsil Jaranwala, District Faisalabad from the alleged improper and illegal custody of the respondent. This petition is supported by an affidavit of Ghulam Abbas petitioner. A bailiff was deputed. Muhammad Arif Butt, Bailiff, Lahore High Court, Lahore reached Police Station City Chiniot, District Jhang. The arrest of Nial was not entered in the daily diary of Police Station City Chiniot. However, Nial alleged detenu was detained in the lock-up of Police Station City Chiniot. He was intimated that Nial was required by the police in case F.I.R.
No,520, dated 28-9-1995 registered at Police Station City Chiniot, District Jhang. He was also intimated that Ghulam Murtaza, A.S.-I. Had arrested Nial in the aforesaid criminal case who himself had gone out of the precincts of the Police Station City Chiniot after receiving information on telephone about the theft of a car.
2. Keeping in view the report of the Bailiff the defense of the police is that Ghulam Murtaza, A.S.-I.
Arrested Nial as the accused of case F.I.R. No,520. Dated 28-9-1995 registered at Police Station City Chiniot, District Jhang under section 10/16 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979. This matter was taken up on 15-10-1995 when Muzaffar Hussain, S.-I./S.H.O., Police Station City Chiniot and Ghulam Murtaza, A.S.-I. Were also present. The matter was adjourned as neither Ghulam Abbas petitioner nor Nial alleged detune appeared.
3. Today at my direction Ghulam Murtaza, A.S.-I. Loudly read me aforesaid F.I.R. No,520/95. Ahmad Yar, the complainant of the case, is a Police Constable and is posted in Police Line, Jhang. He submitted the application'to the Assistant Superintendent of Police, Chiniot against Allah Ditta son of Nial (alleged detenu) and his wife Mst. Munawar Bibi by arraying them in the list of the accused persons. He alleged that both Allah Ditta and Mst. Munawar Bibi had gone together from his house against his wishes and deprived him of the ornaments, cash amount and .The articles. In the end Ahmad Yar complainant expressed that he contacted the father of his Allah Ditta accused of the case who promised that his wife and the stolen property would be returned after some days and that thereafter he resiled. After going through the F.I.R. I have to express my view that even according to Ahmad Yar complainant of the aforesaid criminal case Allah Ditta son of Nial (alleged detenu) and Mst. Munawar Bibi (wife of the complainant) were the accused of the case. He did not mention in the written complaint that father of Allah Ditta accused was a co-accused. He did not mention the name of father of his accused Allah Ditta. The father of Allah Ditta accused of the case is none else than Nial alleged detenu. In view of recitals of the F.I.R. The irresistible conclusion which can be drawn is that even according to Ahmad Yar complainant, Nial, father of his accused Allah Ditta, is not accused of case F.I.R. No,520/95 registered at Police Station City Chiniot under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. This is the crux of the matter which has stolen the, eminence to resolve the controversy in favour of Nial. He is not the accused of the case according to this verdict being passed today. He was found in the lock-up of Police Station City Chiniot and obviously without any legal justification. I, therefore, declare that Nial maternal-uncle of Ghulam Abbas petitioner is a detenu within the purview of section 491, Cr.P.C. And he is entitled to be released. I, therefore, release Nial detenu who may go to a place of his own choice. This petition stands disposed of.
4. At this stage I am tempted to express as under:--
(i) Muzaffar Hussain, S.-I./S.H.O. Police Station City Chiniot, District Jhang shall appear before this Court on 15-10-1995 who has absented himself today (19-10-1995). This is a matter of serious concern as due to the alleged illegal act of his son Allah Ditta who may be a disobedient person, Nial detenu was confined by the police in the lockup and was found as such when the Bailiff of this Court reached Police Station Chiniot. He had been deprived of his liberty. I would like to see as to whether or not both Muzaffar Hussain, S.-I./S.H.O., Police Station City Chiniot, District Jhang and Ghulam Murtaza, A.S.-I. Are liable to pay the costs to Nial detenu released today.
(ii) Other aspect which requires the attention of this Court is the absence of Muzaffar Hussain, S.- I./S.H.O. Police Station City Chiniot. He seems to have taken the matter in routine. This type of recalcitrant attitude cannot be ignored. I may consider about the issuance of a notice for contempt of this Court. Ghulam Murtaza, A.S.-I. On his return to Police Station City Chiniot while recording his arrival back in the daily diary shall mention therein that Muzaffar Hussain, S.-I./S.H.O.
Police Station City shall appear before this Court on 22-10-1995 personally in every eventuality so that the matter is further processed within the light of the aforesaid observation. The petitioner, released detenu and Ghulam Murtaza, A.S.-I. Shall also appear.
5. At this stage it is proper to refer to the Famous Address known as "Khutba Hajja-tul-Wida" wherein our Holy Prophet Muhammad (peace be upon him) have very kindly expressed that every person is responsible for his own acts. A father is not responsible for the act(s) of his son and vice versa a son is not responsible for the act(s) of his father.
6. Put up this matter on 22-10-1995.
' 22-10-1995.
' Ghulam Abbas petitioner in person.
' Nial released detenu in person.
' Muzaffar Hussain, S.-I./S.H.O. Police Station City Chiniot, District Jhang and Ghulam Murtaza A.S.-I., Police Station City Chiniot, District Jhang.
' Both the Police Officers have submitted the unconditional apology and have put themselves at the mercy of this Court. Forgiveness is a Divine qualification. Both the Police Officers have promised to be careful in future. The unconditional apology submitted by each of them is accepted. However, they are directed not to harass or vex Ghulam Abbas petitioner and Nial released detenu otherwise this matter shall be reopened keeping in view the conduct of the Police Officers.
2. For my aforesaid observations the matter is dropped.