' This Criminal Miscellaneous No, 371-H/96 titled Muhammad Nawaz v. S.H.O., Police Station Qadirpur Rawan, District Multan has been filed under section 491, Criminal, Procedure Code by Muhammad Nawaz petitioner for the recovery of his sister's son Muhammad Irshad and his brother's son Ghulam Jafar from the alleged illegal and improper custody of S.H.O., Police Station Qadirpur Rawan, District Multan and Nazar Muhammad, A.S.-1. Police Station Qadirpur Rawan, Multan. This petition is supported by an affidavit.
2. A Bailiff was deputed (or the recovery of Muhammad Irshad and Ghulam Jafar. Syed Asif Shah, Bailiff' of this Court reached Police Station Qadirpur Rawan, District Multan on 27-6-1996 at 4-40 p.m. And found both Muhammad Irshad and Ghulam Jafar present in the veranda of precincts of Police Station Qadirpur Rawan. He was intimated by the Muharrir that Muhammad Irshad and Ghulam Jafar were not arrested by the police whose arrest was not entered in the daily diary of Police Station Qadirpur Rawan and against whom no criminal case was registered. The Bailiff directed the Muharrir to bound down the S.H.O. And Nazar Muhammad, -A.S.I. To appear before this Court on 30-6-1996 alongwith the daily diary.
3. Today the stand taken by the police verbally is that both Muhammad Irshad and Ghulam Jafar were called by the Police in connection with the inquiry of an application made by one Haji Sultan about the theft of three heads of cattle. It means that the information imparted by the Muharrir Thana to the Bailiff that the aforesaid persons were not apprehended by the police was not correct.
I have made a perusal of the application filed by Haji Sultan as the same has been submitted by the S.H.O. Wherein both Muhammad Irshad and Ghulam Jafar are not mentioned as the accused.
The other aspect of the matter is as to how without the registration of the case a person can be called at a Thana'. Both the police officers present in Court have conceded that Muhammad lrshad and Ghulam Jafar are not required in any case as no case stands registered against them and that their arrest was not incorporated in the daily diary of Police Station Qadirpur Rawan. Keeping in view this aspect of the matter I declare both Muhammad Irshad and Ghulam Jafar as detenus who are allowed to go to a place of their own respective choice.
4. During the arguments Muhammad Nawaz petitioner as well as Muhammad Irshad and Ghulam Jafar released detenus intimated that Nazar Muhammad. A.S.-I. Alongwith the police party entered their house at 1-00 a.m. At mid-night on 24-6-1996 who insulted them and the womenfolk while they were not in possession of any search-warrant. Both Muhammad Irshad and Ghulam Jafar have intimated that they were put in the police wagon and were taken to Police Station Qadirpur Rawan. They have expressed that they were given the beating without any justification. My view is that such a working of any police officer of any rank cannot be appreciated and approved and the police officers should avoid autocratic behaviour and treatment towards the citizens.
5. I have to give my mind that both Muhammad Irshad and Ghulam Jafar were detained in violation of law and the act of Muhammad Yousaf Inspector/S.11.0. And Nazar Muhammad, A.S.-I.
Cannot go unnoticed. The S.H.O. Is the lncharge of the Police Station and has the direct administrative control on his subordinates. To deprive a person of his liberty particularly in an Islamic State is a serious matter and no exception can be taken thereto. During these days there is influx of cases of habeas corpus and it seems that the police officers are performing their duties in illegal manner intentionally. They are bringing bad name not only to their department but also to the Government in power. Their such type of actions/deeds not only offend the law the same are also against the moral ethics and violative of the human rights. Lfeel that both the police officers should be burdened with costs to be paid to the detenus as compensation. In this regard reliance is placed on Abdul Majced v. S.H.O.Police Station Rohilan wali, District Muzaffargarh 1995 PCr.LJ 1209 Lahore Muhammad Yousaf, Inspector/S.H.O. Cannot escape his liability by cxpressir that it is the act of Nazar Muhammad, A.S.-1. As such each of both the aforesaid police officers are directed to pay Rs,1,000 to the released detenus on 3-7-19 which shall be shared by each of the detenus equally.
6. Both the aforesaid police officers are also warned to be careful in future towards the released detenus in particular and public in general.
7. The matter shall be placed before me on 3-7-1996 so that the amount I paid by the police officers to the released detenus failing which the same shall recovered from their salary as arrears of land revenue. Note'
8. A copy of this judgment shall be sent to the Deputy Inspector-General, of Police, Multan Range, Multan in a sealed cover bringing to his notice the working of the police officers.
' (MUHAMMAD NASEEM CHAUDHRI) JUDGE.
' Muhammad Nawaz petitioner alongwith Ch. Muhammad lqbal Advocate.
' Muhammad Yousuf Inspector/S.H.O., Police Station Qadirpur Rawan and Nazar Muhammad, A.S.-l.
In person.
' Muhammad Irshad released detenu in person.
' Muhammad Nawaz petitioner has intimated that Ghulam Jafar released detenu is ailing. Each of the police officers have paid an amount of Rs,1,000 to the petitioner. Rs,1,000 have been paid to Muhammad Irshad released detenu. The petitioner shall give remaining amount of Rs,1,000 to Ghulam Jafar released dctenu.
2. This petition stands disposed of.