This Constitutional petition in the nature of habeas corpus was filed on the allegation that petitioner's son Khadim Hussain had been taken into custody by the S.H.O., Police Station Noor Shah without there being any case registered against him at the police station. The alleged detenu was detained in the lock-up and subjected to severe torture as a result whereof he started passing blood in the urine.
2. The S.H.O. In his report has submitted that Khadim Hussain is an accused person in F.I.R. No. 328/96 registered for the offence under section 379, P.P.C. Some of the accused persons have already been arrested by him on 6-8-1996 while some of them including Khadim Hussain have not been arrested. The S.S.P., Sahiwal was required by this Court to inquire into the allegation that Khadim Hussain might have been tortured to death by the S.H.O. The S.S.P. Has sent a detailed report, according to which Khadim Hussain is involved in many theft cases. Stolen cattle were recovered on the pointation of the arrested accused persons on 6-8-1996. Allah Ditta accused who was supervising the stolen cattle was arrested while Khadim Hussain, Jahangir, Pahalwan, Latif and Saleem succeeded in absconding from the spot of recovery. Khadim Hussain is involved in 18 criminal cases including the one registered in 1993. Local police has already initiated proceedings under section 87/88, Cr.P.C. Against Khadim Hussain and other absconding accused persons. The S.S.P. Has opined that petitioner's allegation that Khadim Hussain has been killed by the local police is nothing but a cover up story to avoid the arrest of Khadim Hussain.
3. Learned counsel vehemently argues that this Court may require the S.S.P. To produce the inquiry file to find out if serious efforts have been made to discover whether Khadim Hussain has not been killed by the police. I am afraid, this is not possible to do. In this case even the S.S.P., as a result of the inquiry conducted by him has categorically denied that Khadim Hussain was arrested by the police. He is stated to be an absconder. In these circumstances, the prayer for production of Khadim Hussain has become infructuous and hence, cannot be granted.
4. A prayer has also been made for a direction to register the case against the police officials on the ground that Khadim Hussain has been made to disappear with a view to kill him or he has already been killed. These allegations have been denied by the local police and the S.S.P. In his inquiry has already found these allegations to be incorrect. Consequently it will be futile to direct the police to register a case against the police officials. The petitioner has an adequate alternate remedy, and a more effective one, by way of filing a private complaint against the police officials.
The witnesses of the arrest of Khadim Hussain and his detention in the police lock up and his torture there can be produced by the petitioner in the private complaint. If the petitioner succeeds in leading proper evidence in the complaint the police officials can be suitably dealt with by the learned trial Court, in accordance with law. It may be observed that a Court on receipt of a complaint can even direct investigation by a police officer under section 202, Cr.P.C. For the purpose of ascertaining truth or falsehood of the complaint.
5. For what has been discussed above, this petition is dismissed in limine. However, the petitioner, if so advised, may file a private complaint against the police officials who according to him are responsible for committing offences against the person of Khadim Hussain.