MUNIR A. SHEIKH, J.- The grievance of the appellant is that in addition to prayer for the recovery of the alleged detenus she also made prayer for ensuring the life and security of the alleged detenus as apprehension was voiced that on account of enmity of the DSP with Zulfiqar one of the alleged detenus they may not be done to death.
2. We called Mr. Muhammad Iqbal Khichi, learned A.A.G, to assist the Court.
3. We have noticed that the learned Single Judge noticed when alleged detenus were produced before him after recovery that they were not in good condition, therefore, an order was passed for getting them medically examined as it was alleged that they were severally tortured in the Police custody. The alleged detenus wert produced before the Judicial Magistrate on 26.9.97 who ordered for their medical examination which was done on 27 or 29.9.1997. According to the medico legal report Zulfiqar one of the Allged detenus sustained 27 injuries whereas Murid Abbas the other alleged detenus sustained 5 injuries.
4. Learned counsel for appellant submitted that Zulfiqar one of the alleged detenus got a case registered against respondent No. 2 who was SHO Shuja Abad and Mirza Maqbool, DSP through FIR No. 30/97 u/Ss. 182/452/457/382/354/506/148/149/161 PPC read with Section 5(2) of the prevention of Corruption Act, 1947. This case was registered after getting thorough inquiry held by this Court in a Constitutional petition filed by the said alleged detenus wherein it was held that a case was made out against the to persons and since then the said DSP Mirza Maqbool and respondent No. 2 have become inimical to the alleged detenus and though they were not named in case FIR No. 174/97 registered u/Ss. 420/468/471 PPC but respondent. No. 1 arrested them from Shuja Abad and brought them to Faisalabad. At present Mirza Maqbool has been posted as DSP Faisalabad.
According to learned counsel this DSP is actually controlling the entire matter and the alleged detenus are being subjected to physical torture and it is feared that they may not be killed in a fictions encounter.
5. We have heard Mr. Muhammad Iqbal Khichi, learned A.A.G. In this case after considering the medico-legal report and the fact that Mirza Maqbool, DSP is a nominated accused person in case FIR No. 30/97 registered at the instance of Zulfiqar one of the alleged detenus, an order should have been passed by the learned Single Judge to ensure security of their lives.
6. Zulfiqar and Murid Abbas, the alleged detenus/accused persons in case FIR No. 174/97 in which they have been arrested shall be sent to judicial lock up forthwith. This order shall be complied with by the Judicial Magistrate who granted remand upto 30.10.1997 of the said to accused persons and he shall report compliance.
7. Learned counsel for appellant submits that they were subjected to further physical torture after the above-mentioned medical examination. The Jail Authorities are hereby directed to got them medically examined.
8. The Inspector General Police' is hereby directed to transfer the investigation of case FIR No. 174/97, dated 5.8.97 to Malik Ahmad Raza Tahir, SSP, Faisalabad who according to the learned A.A.G,, is an honest and up right Police Officer and will do justice, as Mirza Maqbool DSP is one of the accused persons in case FIR No. 30/97 and it is alleged that he is influencing the Investigation Officer.
9. The appeal is disposed of with the above directions.