' Mst. Janno Mai petitioner is the mother of Faiz Rasool and Taj Muhammad (alleged detenus) sons of Saeed Ahmad. She filed this Criminal Miscellaneous No,187/H of 1996 on 2-6-1996 for the recovery of her sons Faiz Rasool and Taj Muhammad from the illegal and improper custody of the S.H.O., Police Station Saddar, Ahmad Pur East, District Bahawalpur. She alleged that on the previous night at 11-00 p.m. Four Constables of Police Station Saddar, Ahmad Pur East trespassed her house in uniform and enquired about her husband who took away her both the sons forcibly. The said petition is supported by an affidavit.
2. A bailiff was deputed for the recovery of Faiz Rasool and Taj Muhammad. Muhammad Jamil, Bailiff of this Court reached Police Station Saddar, Ahmad Pur East on 2-6-1996 at 3-15 p.m. He took into possession Daily Diary of the said Thana wherein the arrest of both Faiz Rasool and Taj Muhammad was not incorporated. However, both Faiz Rasool and Taj Muhammad were found sitting on the ground in the room of the Constables. The S.H.O. Arrived there who intimated the Bailiff that no case was registered against Faiz Rasool and Taj Muhammad and that their arrest was not incorporated in the Daily Diary. The Bailiff brought out of the Thana the aforesaid both the alleged detenus and directed them to appear before this Court today (3-6-1996).
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3. Today Mr. Irfan Ullah, Inspector/S.H.O., Police Station Saddar, Ahmad Pur East has intimated that one Muhammad Jamil had made the application against the detenus alongwith others and that he had summoned them through Mazhar Hussain, Constable. On my query he intimated that no case was registered against both the alleged detenus who were present in the police station and that their arrest was not shown in the Daily Diary of the police station.
4. The S.H.O. Has not been able to tell any provision of law empowering him to summon any person in the aforesaid manner and circumstances. Mst. Janno petitioner and both of her sons Faiz Rasool and Taj Muhammad (alleged detenus) have intimated that four Constables entered their house after Isha prayers on 1-6-1996 who removed them from the house to Thana. Both the alleged detents intimated. That they were in the Thana when the Bailiff arrived there.
5. The aforesaid aspects of the matter have made me to hold that there was no justification to detain Faiz Rasool and Taj Muhammad in Police Station Saddar, Ahmad Pur East. The police transgressed its authority. It has become a common feature that at the direction of the Police Officers the constables cross the limits by trespassing the houses of the citizens as is in the present case. They trespass the houses of the citizens without any search warrant. Under the Islamic Law and according to the Code of Criminal Procedure without getting the permission of the occupant or without a search warrant no stranger including a Police Officer can enter the house of any person. The Police Officers should keep in mind that the citizens are showing the restraints and broad mindedness in such matters otherwise if any stranger including the member of the police force is confined in the house and is beaten or injured in such circumstances the inmates would not be committing any offence. These are the days when the police should know that the people are becoming right conscious and the violation of such human rights shall not be tolerated by the public any more.
6. The crux of the matter is that Faiz Rasool and Taj Muhammad are not the accused of any criminal case. They were found in the precincts of Police Station Saddar, Ahmad Pur East whose arrest was not shown in the Daily Diary of the said Thana. They are declared to be the detents. They are set at liberty and they can go to a place of their own choice.
7. Before parting with this order I would like to express that the working of Mr. Irfan Ullah, Inspector/S.H.O., Police Station Saddar, Ahmad Pur East cannot be approved. However, he has apologized from Mst. Janno Mai petitioner and she has forgiven him. In this view of the matter I do not propose to pass the order to pay the compensation to her and the detenus released today.
Forgiveness is a divine qualification. However, the S.H.O. Present in the Court shall keep in mind that rule of law has to be given the paramount importance. He is directed to be careful in future towards the released detenus in particular and public in general. In case the petitioner or her family members would b again vexed by this Police Officer, the matter shall be taken in accordance with law and he has been intimated that this matter shall also be reopened and he may be punished.