ORDER NASIRA IQBAL, This application under 491 Cr.P.C, was filed by Mst. Naziran Bibi for the recovery of her sons Asif Raza and Jamil Ahmad from the alleged illegal custody of officials of the CIA Centre Gulberg, Lahore. A bailiff of this Court was deputed to recover the alleged detenus from the custody of the said respondents. Bailiff has stated in his report that he went to the said CIA Centre at 3.10 P.M. And he took Rozenamcha in his custody and conducted search for the detanus who were found in a form of the Centre. The detenus told the bailiff that they had been brought to the Headquarter CIA on 21- IM994 by one Rana Khan, AS1; that they were not produced before any Court of law; they were tortured by the police but in a manner they could not show any marks of violence; no mention of their being under the custody of the police was found in the Rozenamcha which was examined by the bailiff. The bailiff took the detenus in his custody and produced them before this Court today.
2. DSP, Incharge CIA Centre, Gulberg, has appeared and states that they are wanted in connection with the investigation in FIR No. 34/94 registered at' Police Station dated 31-1-1994 under sections 454/380, P.P.C, and that they had been summoned for questioning on 21-11-994 and 24-11-1994, and on both the dates they had been sent back after being questioned with a direction that they should appear on 28-11-1994 for the investigation of the said FIR. He further states that to his best knowledge, they were not in the custody of the police from 21-1-1994 to 28-1-1994.
3. In such circumstances, it is the duty of the Incharge CIA Headquarter to be vigilant to ensure that no irregularity is committed and that liberty of no one is curtailed without due process of law. He is given due warning that such like occurrences do not take place in future in the Police Station of which he is Incharge. He shall also look into the matter regarding the statement of the detenus about torture and mistreatment and keeping them in illegal custody from 21-11-1994 to 28-11-1994.
4. Both the detenus are present in the Court today. They are set at liberty with a direction that they shall join the investigation of the above mentioned FIR, if so required by the Police. The police officer who -is investigating the case is directed to proceed against them strictly in accordance with law.
With these observations this Habeas Corpus Petition is disposed of.