On 8-11-1995 Mst. Zahooran Bibi petitioner filed this petition under section 491, Cr.P.C. For the recovery of her husband Muhammad Arshad from the alleged illegal and improper custody of S.H.O., Police Station City Vehari as according to her no case was registered against him. The petition was supported by an affidavit. A Bailiff was deputed to proceed in the matter.
2. The Bailiff reached Police Station City Vehari. He made the entry in the daily diary of Police Station City Vehari about his arrival. According to Report No.4, dated 8-11-1995 entered at 8-20 a.m. In Police Station City Vehari, Muhammad Arshad was shown to have been arrested by the S.H.O. In case F.I.R. No.141/95 registered there under section 364, P.P.C. In the report of the Bailiff it was narrated that according to Report No.28, dated 8-11-1995 the S.H.O. Had started for Multan to appear before the D.I.-G. Multan Range, Multan. According to him the name of Muhammad Arshad alleged detenu was not entered in the F.I.R.
3. The file was placed before me on 12-11-1995. I recorded the statement of Muhammad Attique, S.I./S.H.O. Police Station City Vehari on oath and a perusal of the same has made out that even though he stated that he had come to know that the D.I.-G., Multan Range, Multan had gone to Pakpattan Sharif while he was present in his house at 7-00 a.m. In the daily diary at Report No.4, dated 8-11-1995 recorded at 8-20 a.m. He had mentioned that he had started to appear before the D.I.-G., Multan Range, Multan and in the way he arrested Muhammad Arshad. He stated that he produced on 9-11-1995 (public holiday due to Allama Iqbal Day) Muhammad Arshad alleged detenu before Mr. Muhammad Yaqoob Khan, Area Magistrate, Police Station City Vehari at his residence for his physical remand who discharged him. However, in the relevant order, dated 9-11- 1995 passed by the aforesaid Ilaqa Magistrate it was narrated that the accused was produced before him in the Court room. I also called Mr. Muhammad Yaqoob Khan, Magistrate 1st Class, Vehari who stated that the accused was produced before him at his residence. He also admitted that even though he signed the last two pages of the case diary in the instant matter, he had not signed any page of the case diary of any criminal case previously. Mr. Muhammad Yaqoob Khan, Magistrate 1st Class, Vehari further stated that an application, a photostat of which is mark "B" was submitted before him by Mr. Ihtsham-ul-Haque Siddiqui, Advocate, Vehari on 26-10-1995 to the effect that Muhammad Arshad was illegally detained by the Police, Police Stalion City Vehari on which he passed the order calling the report from the S.H.O., Police Station City Vehari but later on the application was not submitted before him and that he did not treat the said application under section 100, Cr.P.C. As the request in the matter was not made. I also recorded the statement of Mr. Ihtsham-ul-Haq Siddiqui, Advocate, Vehari who deposed that he made the application on 26-10- 1995, a photostat of which is mark "B". He stated that Mr. Muhammad Yaqoob Khan, Magistrate 1st Class, Police Station City, Vehari was moved on 26-10-1995 about the illegal detention of Muhammad Arshad. He stated that on 9-11-1995 the aforesaid Magistrate 1st Class, Vehari discharged Muhammad Arshad accused at his residence at about 7-30 p.m.
4. The aforesaid material has made out that Muhammad Attique, S.I./S.H.O. Police Station City Vehari illegally detained Muhammad Arshad. He took up the plea that he had started for Multan to appear before the D.I.-G., Multan Range, Multan but he has not produced any material to justify his stand that he was called by his aforesaid superior officer or he was permitted at his request to appear before him. Further according to him he came to know in his house at 7-00 a.m. On 8-11- 1995 that the D.I.-G., Multan Range, Multan had left for Pakpattan Sharif but in Report No.4, dated 8- 11-1995 this fact is mentioned at 8-20 a.m. That he had started for Multan and in the way he arrested Muhammad Arshad. This all shows that Muhammad Attique S.I./S.H.O. Conducted the false proceedings in the matter. The photostat mark "B" of application dated 26-10-1995 has also made out that Mr. Ihtsham-ul-Haq Siddiqui, Advocate, Vehari had brought the fact to the notice of Mr. Muhammad Yaqoob Khan, Area Magistrate 1st Class, Police Station City Vehari about the illegal detention of Muhammad Arshad. My view is that Mr. Muhammad Yaqoob, Illaqa Magistrate 1st Class, Vehari in league with Muhammad Attique, S.I./S.H.O. Proceeded in the matter to help the police officer for the reasons best known to him. During these days the police and the magistracy are in league and this is the unfortunate aspect of the matter. Mr. Muhammad Yaqoob Khan, Magistrate 1st Class, Vehari is a young Officer and I must express that he should maintain the dignity of the office being held by him. He should not be afraid of a police officer of the rank of Sub- Inspector. Muss fuss is emanating about the violation of the human rights and this is an instance of the aforesaid nature. Mr. Muhammad Yaqoob Khan, Magistrate 1st Class even though moved on 26-10-1995 did not proceed under section 100, Cr.P.C. For the recovery of Muhammad Arshad. In the circumstances, the involvement of Muhammad Arshad in case F. I. R. No.141/95 registered at Police Station City Vehari under section 364, P.P.C. Is held to be a concocted and afterthought affair initiated by Muhammad Atique, S.I./S.H.O. And obviously with the help and connivance of Mr. Muhammad Yaqoob Khan, Ilaqa Magistrate 1st Class Police Station City Vehari.
5. In view of the aforesaid state of affairs, analysis of material and discussion; Muhammad Arshad is declared to be a detenu who was not the accused of, case F.I.R. No:141/95. Registered at Police Station City Vehari under section 364, P.P.C. Wherein he is not the named accused and it was afterwards that on the day the warrant was issued by this Court he was involved in the matter.
Such a working must be avoided by the police and the magistracy.
6. Since Muhammad Arshad has been declared as a detenu he is free to leave to a place of his own choice.
7. Muhammad Atique, S.I./S.H.O. Has been warned to be careful in future failing which he shall be dealt with strictly and this matter shall also be reopened for awarding him punishment.