Mst. Zubaida is the daughter of Mst. Noor Begum alias Baigan and sister of Riaz Ahmad minor aged ten years. She has filed this application under section 491, Cr.P.C. For the recovery of her aforesaid both the relatives from the alleged illegal and improper custody of the S.H.O., Police Station Ghumand Pur, District Bahawalnagar. According to the petitioner the alleged detenus were being kept either in the precincts of Police Station Ghumand Pur or in a house situated near the said Police Station. This petition was supported by an affidavit.
2. A Bailiff was deputed for the recovery of both the aforesaid alleged detenus. Mst. Noor Begum alias Baigan was recovered by the Bailiff after 9-35 p.m. On 15-8-1995 from a house situated at a distance of 100 yards from the building of Police Station Ghumand Pur when 'Thana' Clerk/Moharrir was also with him. Mst. Noor Begum alias Baigan intimated the Bailiff that she was being confined in the house while her son Riaz Ahmad detenu was confined in the lock-up of Police Station Ghumand Pur. However, Riaz Ahmad was not available in Police Station Ghumand Pur and the Bailiff was intimated by the police that he was not arrested. The Police informed the Bailiff that Mst.
Noor Begum alias Baigan was accused of the case F.I.R. No. 103, dated 12-8-1995 registered under Article 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 who even then was not arrested in that case. The Daily Diary was checked wherein the arrest of Mst. Noor Begum alias Baigan was not entered.
3. On 16-8-1995 Mst. Noor Begum alias Baigan was produced by the Bailiff before this Court. The S.H.O. Was also present. Her husband Ghulam Rasool, her son Muhammad Iqbal (a Hafiz-e-Quran) and her daughter Mst. Bushra were also present. The aforesaid F.I.R. No. 103, dated 12-8-1995 registered at Police Station Ghumand Pur is with respect to the alleged abduction of Mst. Bushra which was got recorded by one Muhammad Anwar who claimed to be her husband. However, Mst.
Bushra denied the said fact and expressed that she was not his wife who forcibly removed her. She has intimated that her hair were cut by Muhammad Anwar complainant with the help of the police who had also chained her but later on she was released. It is simply unfortunate in our Islamic State that hair of Mst. Bushra have been cut in the aforesaid manner when in our social life the hair of a lady are the mark of honour and respect.
4. My view is that due to the incorporation of subsection (5) in section 167, Cr.P.C. Introduced through Act XX of 1994 whereby a female cannot be detained at the Police Station at night Mst.
Noor Begum alias Baigan was being confined in a house at a distance of 100 yards from the building of Police Station Ghumand Pur from where she was recovered by the Bailiff in the company of the petitioner and the Moharrir Thana. Since her arrest was not shown in the Daily Diary of Police Station Ghumand Pur she was held to be a detenue and was set at liberty to go to a place of her own choice vide order dated 16-8-1995.
5. I directed the S.H.O., Police Station Ghumand Pur to produce Muhammad Anwar complainant of aforesaid F.I.R. No. 103/95 registered under Article 16 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979. Today Muhammad Anwar is present alongwith Mr. Jamshed Akhtar Khokhar, Advocate. About Riaz Ahmad no relief is being claimed today.
6. I proceed to take up the aforesaid F.I.R. No. 103/95 registered at Police Station Ghumand Pur, District Bahawalnagar at the instance of Muhammad Anwar under Article 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 for its quashment for the reason that the accused mentioned therein are the closest possible relatives of Mst. Bushra, alleged abductee. Mst. Noor Begum alias Baigan accused is her mother. Ghulam Rasool accused is her father. Muhammad Iqbal accused is her brother. Hashim A.I is the husband of her sister Mst. Zubaida, petitioner of this petition. Dilbar is her ' Behnoi' being the husband of her sister Mst. Waziran while Allah Rakhah and Allah Ditta accused are respectively the brother and father of the said Dilbar accused. I am in full agreement with the learned counsel for the accused persons that with the help of some influential person Muhammad Anwar succeeded in getting the help of the police and getting recorded the aforesaid F.I.R, to fetch Mst. Bushra while there is no justification for proceeding against the accused persons or to proceed with the investigation of the case. Some male person as accused had to be got entered in the F.I.R. And in the present F.I.R. Some male persons closely related to Mst.
Bushra have been mentioned as the persons who abducted her while this fact is not being admitted by her who is present in the Court even today. The primary duty of the police is to maintain the law and order situation and by indulging in such activities not only they are bringing bad name to the Department which is at the verge of its collapse they are also wasting the time and obviously with ulterior motives and the reasons best known to them. Whole of the family has been roped in by Muhammad Anwar so that except Mst. Bushra there is no body out of the lock-up and he has the open field to act according to his own desires. The F.I.R. No. 103/95 is held to have been registered at Police Station Ghumand Pur without any legal justification with the help of some influential person of the area. I am tempted to express that such incident(s) (episode(s) of registration of cases) occur/take place when there is loose control of the Station House Officer who has to adopt such a working at the behest of some influential person of the area who controls him by getting him posted at the Police Station. The close relationship of the accused persons mentioned in the aforesaid F.I.R., is enough to make me hold that it is a good case for quashment of the same. I, therefore, quash F.I.R. No. 103/95 registered at Police Station Ghumand Pur, District Bahawalnagar. I was going to fine Muhammad Ramzan, S.H.O., P.S. Ghumand Pur who seems to be working as the domestic servant of the influential person(s) of Tehsil Minchinabad, District Bahawalnagar, but due to his advanced age I have restrained myself. However, he is directed to be careful in future so far as Mst. Bushra and the accused persons of the aforesaid F.I.R., being quashed through this order, are concerned. He shall not tease or vex then at the direction of any influential person of the area failing which the matter shall be reopened against him.
7. A copy of this judgment shall be sent to the Superintendent of Police, Bahawalnagar so that he has proper control on his subordinate(s).