MUHAMMAD NASEEM, J.- Muhammad Bakhsh filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 197*1 for the recovery of Mehar Hussain, Nazir Ahmad and Rab Nawaz alias Rabboo from the alleged illegal and improper custody of the S.H.O. Police Station Liaqatpur and Munir Ahmad AS1 Police Station Liaqatpur. A bailiff was deputed yesterday for the recovery of the aforesaid detunes. He reached there and has submitted his report. According to his report he reached Police Station Liaqatpur on 18.7.1995 at 4.30 p.m. He introduced himself to the Moharrir Thana. He searched for the alleged detunes. Mehar Hussain, Nazir Ahmad and Rab Nawaz alias Rabboo were detained in the lock up of Police Station Liaqatpur. They were identified by Muhammad Bakhsh writ petitioner. He made a perusal of the Daily Diary. Against all the three detunes there was no entry about their arrest in the Daily Diary. Munir Ahmad A.S.I, intimated the bailiff that the three detunes were in Police Station Liaqatpur in connection with the investigation of case FIR No. 197 dated 6.7.1995 registered under Sections 364/302 P.P.C, wherein the accused were not named.
2. The picture which has emerged from a perusal of the report of the bailiff is that no criminal case had been registered against the detunes and also no arrest report was found in black and white in the Daily Diary of Police Station Liaqatpur regarding them. These facts are admitted by the Police Officers.
3. The Police Officers have taken up the stand that the detunes were joined in investigation of Case FIR No. 197 dated 6.7.1995 registered at Police Station Liaqatpur under Sections 364/302 PPC. They have pleaded that it was hardly two hours before the arrival of the bailiff that they reached Police Station Liaqatpur and they were to be put to the interrogation when the bailiff had arrived there.
According to the detunes they were being illegally and improperly detained for the last l2 days. All the three detunes have shown injuries on their bodies which according to them have been received by them at the hands of the Police within the precinct of Police Station Liaqatpur. In this view of the matter it cannot be accepted that the detunes reached Police Station Liaqatpur hardly two hours before the arrival of the bailiff and their recovery. Since detunes namely Mehar Hussain, Nazir Ahmad and Rab Nawaz alias Rabboo have not been arrested lawfully in any criminal case, therefore, their detention at Police Station Liaqatpur District Rahimyarkhan is hereby declared as illegal and consequently they are set at liberty.
4. All the three detunes have complained that they have been given severe beating by the Police within the precinct of Police Station Liaqatpur. Since the Police is involved as a party about the infliction of the injuries, the Deputy Registrar of this Court shall convey the direction to the Medical Superintended B.V. Hospital Bahawalpur for their examination by the Standing Board constituted under his administrative control. The order for the medical examination of detunes at Bahawalpur is being passed as Rahimyarkhan is at a considerable distance of about 185 K. Ms and it is better that the medical examination is got conducted immediately.
5. Both the Police Officers were asked as to why they should not be burdened with costs for keeping the detunes in wrongful confinement. According to them the detunes were being interrogated in a criminal case. I have declared the arrest of all the three detunes and their detention as illegal and have passed the order for setting them at liberty. Illegal detention of citizens by the Police has become an order of the day. It is a common complaint these days that the Police whose duty is to protect the life and liberty of the citizens is itself frequently indulging and usurping the liberty of the citizens. It is violative of law, justice and fair play to deprive a person of his liberty. It is a serious matter and no exception can be taken thereto. The illiterate poor persons in rural society need the protection of this Court. To deprive a person of his liberty particularly in an Islamic State is a detestable misdeed and such an action of Police Officer should not be ignored. Who must be burdened with costs as held in Alamgir v. S.H.O. Model Town. Lahore (1983 P.Cr.L.J 76) Abdul Qayyum v. S.H.O. Police Station Shalimar. Lahore (1993 P.Cr.L.J 91) and Abdul Majid v. S.H.O. Police Station Rohilanwali District Muzaffargarh (1995 P.Cr.L.J 1209) As such each of Muhammad Siddique Inspector/SHO and Munir Ahmad A.S.I. Both posted in Police Station Liaqatpur District Rahimyarkhan are directed to pay costs in the sum of Rs. 1000/- to each of the detunes namely Mehar Hussain, Nazir Ahmad and Rab Nawaz alias Rabboo. They are directed to pay the aforesaid amount of costs on 25.7.1995 in the Court on which date they shall appear personally to do the needful failing which the penal action shall be taken against them and the recovery of the amount shall be effected from them as arrears of land revenue.