' This habeas petition was filed by the petitioner for the recovery of Rustam Ali, Asad Abbas, Bahalk, Maqsood and Mst. Salma Bibi who were allegedly taken into illegal custody on 11-8-1997 at about 6-00 p.m. From the Dera of one ex-M.P.A.
' Later on Asad Abbas and Bahalk were allegedly involved in a case registered under section 395, P.P.C. At the report of one Muhammad Mukhtar. The remaining detenus namely Rastam Ali, Maqsood and Salma Bibi were, however, kept in illegal detention. They were recovered by the Bailiff while they were present at the police station.
2. The Bailiff has reported that Asad Abbas and Bahlak were found in the police lock-up and on inquiry police officials informed him that both of them were involved in the abovereferred case on the supplementary statement of the complainant recorded on 11-8-1997 in which they were not only named but also identified. They were arrested on the aforesaid date and produced before the Illaqa Magistrate on 13-8-1997 and their physical remand was obtained from 13-8-1997 to 17-8- 1997. The S.H.O. Has also submitted that the remand has been extended upto 20-8-1997 in respect of the aforesaid two detenus.
3. Learned counsel for the petitioner has submitted that involvement of Asad Abbas and Bahlak in the abovereferred case is not only mala fide but misconceived as they were not named in the F.I.R.
But were later one implicated through a supplementary statement of the complainant obtained a day latter.Than the registration of the case. It is submitted that the arrest of the aforesaid persons has become illegal.
4. I have considered the above submissions and have also gone through the record and the report of bailiff which clearly indicates that both the aforesaid persons namely Asad Abbas and Bahlak have been arrested in a case registered under section 395, P.P.C. On 11-8-1997 and their physical remand was obtained on 13-8-1997 which continues and is to end on 20-8-1997 when they will be again produced before the Illaqa Magistrate. In that event it cannot be readily said that the detenus have falsely been implicated nor this question can be readily settled being the question of fact while dealing with this petition of habeas corpus. The aforenamed detenus if so aggrieved may avail the proper remedy in accordance with law.
5. Now coming to the other three detenus namely Rustam Ali, Maqsood and Mst. Salma Bibi, all three of them contended before the Bailiff that they were taken into custody on 11-8-1997 and thereafter, were placed under illegal detention by the concerned police officials. Out of them Mst.
Salma Bibi made a statement before the Bailiff that she was kept apart from the other detenus and was subjected to illicit intercourse. She has also repeated her aforesaid statement in this Court today.
6. S.H.O., Police Station Khurrianwala, District Faisalabad has, however denied that he had detained Mst. Salma Bibi or two other detenus namely Rustam Ali and Maqsood as they contended before the Bailiff. In this regard the S.H.O. Has further submitted that he never dishonoured nor committed illicit intercourse with the aforesaid Salma Bibi which according to him is a false allegation. He has also submitted that he never arrested Rustam, Maqsood and Salma Bibi nor they were brought to the police station as alleged by them in their statements before the Bailiff. In this regard the S.H.O.
Has also contended that the aforesaid Rustam Ali, Maqsood and Mst. Salma Bibi had come to the reporting room of the police station only a minute earlier than the raid of the Bailiff, with a complaint that their daughter was married at Khurrianwala and her in-laws, used to maltreat her and also prevented her to meet her parents and other relatives. However, this version is denied by the aforesaid three detenus.
7. I have considered the foregoing fact and find that the petition to the extent of Asad Abbas and Bahlak has become infructuous because they are involved in a criminal case in which they are on physical remand from a Court of competent jurisdiction. There are two versions regarding the arrest of three detenus namely Rustam, Maqsood and Mst. Salma Bibi. According to them they were taken into illegal custody by the Police Station, Khurrianwala on 11-8-1997. Whereas according to the police they had voluntarily visited the police station in order to lodge some complaint against the in-laws of a woman who was related to them and had been married at Khurrianwala.
These two versions cannot be readily ascertained and require further probing to find out as to which one of the parties is at fault. At the moment it is clear that none of the detenus namely Rustam, Maqsood and Mst. Salma Bibi are required by the police in any case or inquiry. As such all three of them are set at liberty to move to any place of their choice. Regarding two contradictory versions taken up by the parties, it will be in the interest of justice that there should be some inquiry by a senior Police Officer to find out whether Rustam, Maqsood and Mst. Salma Bibi were actually taken into custody on 11-8-1997 or they had gone to the police station of their own as contended by the police official of Police Station, Khurrianwala. Likewise an inquiry would be called for in respect of the statement made by Mst. Salma Bibi that she was kept apart from the male detenus and was dishonoured by the S.H.O. Of the said police station besides being subjected to illicit intercourse.
The matter is accordingly referred to the S.S.P., Faisalabad for holding an inquiry himself or through some Senior Officer, not below the rank of D.S.P. And to send copy of the findings of the said inquiry to the Deputy Registrar (Judicial) of this Court within one month for further necessary action, if required.
8. The petition is accordingly disposed of with the above observations.