' This Criminal Miscellaneous No,276/H of 1997, titled as Mahboob Alam v. S.H.O. Police Station Saddar, Gojra, District Toba Tek Singh was filed under section 491, Criminal Procedure Code on 14- 3-1997 by Mahboob Alam petitioner for the recovery of the alleged detenus namely Dilmeer, Muhammad Riaz, Muhammad Azam and Shaukat from the alleged illegal and improper custody of S.H.O. Police Station Saddar, Gojra, District Toba Tek Singh, Anjum Baluch, A.S.-I. Police Station Saddar, Gojra and Muhammad Tufail A.S.-I. Police Station Saddar, Gojra (respondents Nos.1 to 3).
This petition is supported by an affidavit.
2. A bailiff was deputed to proceed in the matter who reached Police Station Saddar, Gojra at 3-45 p.m. On 15-3-1997. He disclosed his identity and took into his possession the daily diary.
Muhammad Arif S.-I./S.H.O. And Ijaz Hussain Moharrir were present there. The bailiff searched for the four persons. Shaukat was found by him confined in the police lock-up while the remaining three persons namely Dilmeer, Muhammad Azam and Muhammad Riaz were not present. He was intimated that Dilmeer, Muhammad Azam and Muhammad Riaz were arrested by the police in some criminal case who were produced before the learned Area Magistrate for securing their physical remand but the Court discharged them.
3. The S.H.O. Intimated the bailiff that no case was registered against Shaukat and he was not required by the police in any case. According to the daily diary being maintained in Police Station Saddar, Gojra the arrest of Shaukat was not shown.
4. The plea of the S.H.O. Is that one application was received and in connection with its inquiry he called for Shaukat. He admitted his guilt by expressing that he had no authority and material to confine Shaukat in the police lock-up. He begged pardon.
5. In view of the aforesaid aspect of the matter when criminal case was registered against Shaukat whose arrest was not shown in the daily diary of Police Station Saddar, Gojra when he was found as confined in the police lockup by the bailiff, I hold his detention as illegal and declare him as a detenu. Consequently he is set at liberty and can go to a place of his own choice.
6. At this stage I have to express that Muhammad AIM., S.-I./S.H.O. In violation of law, justice and fairplay deprived Shaukat detenu of his liberty. To deprive a person of his liberty particularly in an Islamic State is a serious matter and no exception can be taken thereto. For the last one decade the Police Officers take pleasure and pride in violating the human rights by taking the law in their hands and depriving the people of their liberty without legal justification. Such high-handedness on the part of Police Officer cannot be ignored. He must be burdened with costs as held in the case-law published as Abdul Majeed v. S.H.O. Police Station Rohilanwali, District Muzaffargarh 1995 PCr.LJ 1209 (Lahore) of which I am myself the author. I, therefore, direct Muhammad Arif, S.-I./S.H.O., Police Station Saddar Gojra, District Toba Tek Singh to pay costs/compensation in the sum of Rs,3,000 (Rupees three thousand only) to Shaukat released detenu on 25-3-1997 in the Court on which date he shall appear personally to do the needful failing which the penal action shall be taken against him as well as the recovery of the amount shall be effected from him as arrears of land revenue. The aforesaid S.H.O. Is also warned to be careful in future towards the released detenu in particular and public in general.