This is a petition filed under section 491, Criminal Procedure Code for the recovery of Muhammad Riaz son of Fazal Muhammad and Heera son of Yar Muhammad from the alleged illegal and improper custody of S.H.O. Police Station Khanqah Dogran, District Sheikhupura/respondent No.2.
This petition is supported by an affidavit.
2. A Bailiff was appointed who submitted his report to the effect that the alleged detenus could not be found in the Police Station Khanqah Dogran. However, Mst. Safia Bibi mother of Heera alleged detenu and sister of Muhammad Riaz alleged detenu appeared on 25-2-1997 having the Holy Book (Qur'an Sharif) in her hands and stated that she saw the alleged deternus in the 'Thana'. Thereafter I adjourned the matter to 3-3-1997.
3. On 3-3-1997 I passed the order directing the police to proceed in accordance with law failing which if found proper a case for the abduction of both Muhammad Riaz and Heera alleged detenus shall be got registered against Hidayat A.I Inspector/S.H.O. And Ghulam Mehdi A.S.-I. Who shall be proceeded against in accordance with law. This order proved successful as both the police officers released both the aforesaid detenus Muhammad Riaz and Heera.
4. Both the detenus appeared before, this Court on 17-3-1997 as this date was fixed vide order dated 3-3-1997.
5. On 17-3-1997 I gave the option to the petitioner as to whether or not he desired to get a case registered for the abduction of the alleged detenus against the police officers. I also directed the D.S.P. (Legal), Sheikhupura to submit the report on the next date of hearing (i.e. 25-3-1997) that no detenu is detained at any Police Station in District Sheikhupura. He has submitted the relevant certificate in the matter that no detenu is detained in any Police Station in District Sheikhupura.
There is no need to disbelieve him in view of the office being held by him in the Police Department which is a disciplined force.
6. During the proceedings it emerged that whole of the situation was created by Ghulam Mehdi, A.S.I. I have always expressed my view that to deprive a person of his liberty is a detestable action on the part of a police officer being violative of justice and fairplay. However, Ghulam Mehdi, A.S.I.
Has submitted the written apology and has placed himself at the mercy of this Court. Forgiveness is a divine qualification. He has promised to be cautious and work properly in future. Since Ghulam Mehdi, A.S.I. Has repented in the matter and has apologized; the unconditional written apology tendered by him is accepted with the warning to be careful in future. The police officers have been directed to be careful towards the petitioner, the released detenus, Mst. Safia Bibi and other relatives in particular and public at large in general.
7. This petition stands disposed of.