' The facts relevant for the disposal of this petition are that Mst. Sharifan Bibi filed Criminal Miscellaneous No,8/H of 1996 for the recovery of Mansha, Inayat Bibi, Habib, Muhammad Khalil and Aslam from the illegal detention of Muhammad Latif, A.S.-I. Of Police Station Saddar. A bailiff of this Court recovered Muhammad Aslam, Muhammad Khalil and Muhammad Mansha whereas Mst.
Inayat Bibi and Habib appeared in this Court of their own. The S.H.O. Made statement that the detenus are not required in any case. Resultantly, the petition was disposed of. Later on Mst.
Sharifan Bibi also filed the present petition for the recovery of Amjad from the illegal detention of said A.S.-I. Muhammad Latif. On 21-1-1996 the A.S.-I. Stated that the detenu was required in connection with F.I.R. No,22/96 under Article 3/4 of Prohibition (Enforcement of Hadd) Order (4 of 1979) and that his whereabouts were not known. However, the D.S.P., City Sheikhupura was directed to produce the alleged detenu. The D.S.P. Also stated that the said detenu is required in aforesaid case but he is not available.
2. After going through the facts as contained in F.I.R. No,22/96 I was not satisfied that the A.S.-I. Had prepared a genuine document, hence it was directed that a gazette officer other than Muhammad Sharif, D.S.P. Should investigate the case and submit a detailed report. Meanwhile the detenu was admitted to ad interim bail. Today the D.S.P. Has appeared and he has stated that after thorough inquiry he has come to the conclusion that the A.S.-I raided the house of Mst. Inayat Bibi and recovered three kilo heroin from there but Amjad detenu was not there. However, the A.S.-I.
Negotiated with Mst. Inayat Bibi and agreed to register a case against the detenue instead of the lady and as the alleged detenu was not produced before him as agreed to, therefore, A.S.-I. Falsely registered the case against Amjad. He stated that Amjad is not in any way involVed in this case and that the recovery of twenty-six grams of heroin shown from his person is also planted on him.
The F.I.R. Is stated to be a cock and bull story on the part of the A.S.-I.
3. Learned counsel for the petitioner submitted that a false case has been registered against Amjad detenu so the said F.I.R., may be quashed as the facts contained therein are false and frivolous and has been involved mala fidely by the A.S.-I. The D.S.P. Frankly conceded that the case is a false one registered by I the A.S.-I. With ulterior motive, against Amjad.
4. After hearing the learned counsel for the petitioner and the D.S.P., I have come to the conclusion that A.S.-I., Muhammad Latif has registered a false case against Amjad who is not in any way connected with it. Even the recovery of twenty-six Puris from his possession is a plantation on the detenu. On account of the filing of earlier habeas corpus petition there was hostility between the petitioner and the Police .Officer, Mirza Latif Baig, hence he was not required to conduct the alleged raid and instead should have informed the D.S.P. Of the Circle to depute some other officer for the said purpose of raid. Even if it is assumed that there was necessity to do so by him, even then he should not have investigated the case and requested his immediate officer to transfer the investigation to some other officer.
5. In view of the above position, I convert this petition into a bail petition and confirm the ad interim bail granted to Amjad detenu. However, the request of the learned counsel for abashment of F.I.R. Is misconceived as this relief cannot be granted in these summary proceedings. Anyhow, the D.S.P. In view of his finding, is directed to prepare a discharge report with respect to Amjad detenu.
6. At this juncture I cannot lose sight of the fact that the A.S.-I. Belongs tolaw and order enforcing agency. It is his duty to protect the life, liberty and honour of a citizen of Pakistan but instead he is involved in a patchy transaction to squeeze the money from the poor citizens of Pakistan. The retention of such Police Officer in the Police Department is a stigma to the police force and he is deserved to be dealt with severely.
7. The D.S.P. Stated that one year approved service of the A.S.-I. Hasbeen forfeited. This punishment on the face of gravity of the offence committed by the A.S.-I. Is nothing but a farce to the law. The Senior Superintendent of Police, Sheikhupura is directed to register a case against the A,S.-I. And get the same investigated by an honest gazette Police Officer. Even, Muhammad Siddique, Ijead Constable who attested a false and fake recovery is also liable to departmental action. The Senior Superintendent of Police, Sheikhupura would also consider the desirability of taking departmental action against him.
8. The action taken in the matter and result of case registered against the A.S.-I. Should be intimated to the .Deputy Registrar (Judicial) of this Court within three months positively.
9. With this observation, the petition stands disposed of.