1. ' All the detenus are present in person. The bailiff has submitted his report, in which he has contended that all the detenus except Mukhtar Ahmad, were found in the police lock-up at the police station. Mukhtar Ahmad was found while coming out of Barrack/Wireless Room. The S.H.O.
2. Was not present at the police station. The Additional S.H.O. Informed the bailiff that a case under section 302/34, P.P.C. Was registered against three persons vide F.I.R. No,97 of 1996, dated 19-7-1996.
3. However, none of the detenus was named in the aforesaid F.I.R. A. Plea was also taken by the A.S.-1.
4. That the aforesaid detenus were called for interrogation as the complainant had given an application, in which he had stated that the detenus had supplied arms to the culprits of that murder case. However, no entry of arrest was made nor any notice was issued for their summoning at the police station. The S.H.O. Has also admitted that though the detenus were not named in the F.I.R., but the complainant namely Muhammad Akram had made a written application in which he had stated that the detenus had supplied the arms to the main accused of murder case, therefore, action should be taken against them. It is on that application that the detenus were summoned verbally through A.S.-I. At the police station. However, it was admitted by the S.H.O. That no written notice was sent to detenus for their appea4ance in the police station for joining the interrogation as required by Cr.P.C.
2. In view of the above situation, and as the detenus are not named in the 0. F.I.R., therefore, they are set at liberty forthwith. However, if at any stage during the investigation they are linked with the crime, the police concerned may proceed against them strictly in accordance with law. Likewise the detenus shall have also right to avail appropriate legal remedy available to them under the law. Since the S.H.O. In this case called the detenus at the police station without issuing any notice under Cr.P.C. For their appearance to join the investigation, therefore, a copy of this order be sent to the S.S.P., Sheikhupura for inquiry and disciplinary action against him. Any order passed by the S.S.P., Sheikhupura against the S.H.O. Shall be sent to the Deputy Registrar (Judicial) of this Court for information and further necessary action, if so required. The writ petition is accordingly disposed of with the above direction.