' Muhammad Abbas petitioner filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 and requested for the appointment of a bailiff for the recovery of his real brother Riaz Ahmad from the alleged illegal and wrongful detention of S.H.O., P.S. Vehari and Maqbool Hussain, A.S.-I. C.I.A. Staff, Vehari.
2. After hearing learned counsel for the petitioner, a bailiff of this Court was appointed on 14-5-1996 to effect the recovery of Riaz Ahmad detenu from C.I.A. Staff, Vehari. It was submitted that Maqbool Hussain, A.S.-I. Has kept the said detenu in illegal custody in the premises of C.I.A. Staff, Vehari.
3. The bailiff visited C.I.A. Staff, Vehari on 14-5-1996 and introduced himself to Sultan Mehmood, Moharrir C.I.A. Staff, and took into possession the daily diary. He made search and found Riaz Ahmad detenu locked in the room of the C.I.A. Staff, Vehari with an American lock around his shin.
4. Today Maqbool Hussain, A.S.-I., Anwar Jameel, Bailiff and Riaz Ahmad, detenu are present in the Court.
5. Maqbool Hussain, A.S.-I. States that Riaz Ahmad is nominated accused in case F.I.R. No,336/95 dated 26-10-1995 under sections 454, 380/411, A P.P.C. Of Police Station, Sadar, Vehari and was absconder for the last six months, the recovery of stolen money is also to be made and some respectable produced the detenu before him on 14-5-1996 in the evening.
6. Anwar Jameel Bailiff could not find out any entry in the daily diary of the C.I.A. Staff about the arrest of Riaz Ahmad detenu. So much so, that his arrest was not shown in the Zimnis of the case.
7. Riaz Ahmad, detenu stated that he was arrested on 5-5-1996 from the premises of Sessions Court, Vehari when his bail petition was rejected. Further stated that he was not produced before any competent Court and no physical remand was taken. The bailiff reported that he saw another Riaz Ahmad son of Cheragh Din tied with the same rod having American lock around his shin. In the meanwhile Maqbool Hussain, A.S.-I. Reached the C.I.A. Staff building and he refused to hand over the American lock to him.
8. I have considered all the circumstances of this case and found that no doubt, Riaz Ahmad detenu is nominated accused of F.I.R. No,336/95 but the C fact remains that an Investigating Officer is to perform his duties in accordance with law. Maqbool Hussain, A.S.-I. Is unable to explain who ordered to put the American lock around the shin of the detenu and another Riaz Ahmad, abovementioned. The life and liberty of a person is protected by the Constitution of Islamic Republic of Pakistan, 1973 and the same can be curtailed strictly in accordance with law. I am at loss to understand if detenu was produced by some respectable in the C.I.A. Staff, shortly before arrival of the bailiff as contended by A.S.-I. Then why the American lock was put around his shin.
Prima facie Maqbool Hussain, A.S.-I., C.I.A. Staff, Vehari has committed illegal act and the detention of Riaz Ahmad, brother of the petitioner is illegal.
9. For what has been stated above, I direct S.P., Vehari to hold inquiry into the circumstances which led to the filing of this habeas petition and to fix responsibility upon the delinquent, who without any lawful authority kept Riaz Ahmad in illegal detention and put American lock round his shin. He shall take suitable action against a person/officials found guilty after the investigation and he shall report to the D.R.(J) about the action taken by him in this respect within three weeks of the receipt of this order. The office is directed to transmit this order immediately to S.P. Concerned.
10. As I have declared the detention of the detenu Riaz Ahmad illegal for the time being, he is set at liberty. However, Investigating Officer may arrest him in accordance with law. The Investigating Officer is also directed to complete the investigation of the case at the earliest. Rs,1,700 be returned to the petitioner after deducting Rs,300, the expenditure of the bailiff. From the security deposited.
11. With these orders, this petition stands disposed of.