Mst. Gulzar Begum petitioner filed this petition under section 491, Criminal Procedure Code on 15-9- 1996 for the recovery of her brother Muhammad Akram from the alleged illegal and improper custody of the Incharge Police Post Shahdara Town, Lahore and the S.H.O., Police Station Shahdara Town, Lahore.
2. A bailiff was deputed who reached Police Post Shahdara Town, Lahore on 15-9-1996 at 4-30 p.m.
The S.H.O. Was present there who intimated him that the Roznamcha was in Police Station Shahdara Town, Lahore which was situated at a distance of 3 kilometres. The S.H.O. Informed him that the place where they were present was not an approved Police Post which was the old building of Police Station Shahdara Town, Lahore wherein one A.S.-I. And some police officials were residing. The bailiff searched for Muhammad Akram alleged detenu who was found sitting in a room with leg-fetters. Alongwith Muhammad Akram he reached Police Station Shahdara Town and took into possession the daily diary. The Moharrir 'Thana' intimated him that Muhammad Akram was required by the Police in Crime Case No.39/1996 registered under section 392, P.P.C. At Police Station Shahdara Town, Lahore and the arrest of Muhammad Akram was recorded under section 54, Criminal Procedure Code in the daily diary vide Report No.24 dated 15-9-1996 by Muhammad Arshad, A.S.I., although his name was not mentioned in the F.I.R. The bailiff directed the S.H.O. To produce Muhammad Akram before this Court on 16-9-1996.
3. Today the S.H.O. Has not brought daily diary of Police Station Shahdara Town, Lahore for the reasons best known to him. He has taken up the stand that Muhammad Arshad, A.S. I. Arrested Muhammad Akram on 15-9-1996 under section 54, Criminal Procedure Code as he was required in a case of robbery registered by F.I.R. No.39/1996 under section 392, P.P.C. At Police Station Shahdara Town, Lahore. On the query made by the Court he told that some secret information was received by Muhammad Arshad, A.S.I. That Muhammad Akram was the accused of the aforesaid Crime Case No.39 of 1996 registered at Police Station Shahdara Town, Lahore under section 392, P.P.C.
When asked in the matter he intimated that no incriminating material except the secret information was with the police to arrest Muhammad Akram as an accused under section 54, Criminal Procedure Code. Legally the police has the powers to arrest a person under section 54, Criminal Procedure Code. However, I am tempted to express that these days when the cases of robbery and dacoity are on the increase, different persons are arrested by the police as accused on the ground that some informant has given the secret information that a certain person is the accused of that case of dacoity or robbery. The persons arrested in the said manner are declared innocent and freed after some days and some time even complaints are made against the police.
This free hand cannot be given to the police keeping in view the respect and honour of the citizens of the country provided by the Constitution. In this regard it would be convenient to reproduce as under section 54, Criminal Procedure Code:---"54.---(1) Any police officer may, without an order from a Magistrate and without a warrant, arrest-- firstly, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned; secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; thirdly,any person who has been proclaimed as an offender either under this Code or by order of the Provincial Government; fourthly,any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; fifthly, any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody; sixthly,any person reasonably suspected of being a deserter from the armed forces of Pakistan; seventhly, any person who has been concerned, in or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of Pakistan, which, if committed in Pakistan would have been punishable as an offence, and for which he is, under any law relating to extradition. ** or otherwise liable to be apprehended or detained in custody in Pakistan; eighthly, any released convict committing a breach of any rule made under section 565, subsection (3); ninthly,any person for whose arrest a requisition has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition."
4. It is a matter of common knowledge for the last one decade that even if the influential persons including the police officers/officials are named as the accused in the F.I.Rs. Including murder cases, they are not arrested on the ground that the complainant has not produced the material/incriminating evidence justifying their arrest. If it so then how on the basis of the secret information a poor person can be arrested under section 54, Criminal Procedure Code to a case. It shall not be out of place to express that in cases of dacoity and robbery, repetition of which is also to be restrained and stopped by the police, the poor and un-influential persons are arrested under section 54, Criminal Procedure Code on the ground of receipt of some secret information. My view is that without credible evidence/material in the matter the provisions of section 54, Cr.P.C. Cannot be invoked for the arrest of an accused especially when in the said section 54 the circumstances leading to the relevant powers of police in the matter have been specifically incorporated. Such type of attitude is also adopted by some of the police officials to project their authority in the area.
It is the duty of every functionary to provide equitable treatment to all the citizens as the justice is to be administered by all the functionaries of the Government to the citizens It was admitted by the S.H.O. That no criminal case of any type has ever been registered against Muhammad Akram who claimed to e be innocent and has expressed that he earned his livelihood by the dint of his hard labour. In the circumstances I hold that the arrest of Muhammad Akram alleged detenu is unjustified who is declared a detenu. At my direction he has been let off by the police who is allowed to leave to a place of his own choice.
5. I was about to pass the order directing both the police officers to pay compensation to the petitioner, but they have apologized from him. The Police Officers have been directed to be careful towards the petitioner, the released detenu and their family members. They shall not wreak any vengeance. The, have been advised to maintain the dignity of the office being held by both of them and should not bring bad name to the Police Department.