Syed Hassan Ali Shah complainant got recorded F.I.R. No,152 dated 2-5-1996 at Police Station City Muzaffargarh under section 302/330 PPC with the allegation that on 28-4-1996 at 5-00 p.m. he was present in his shop alongwith his son Ghulam Murtaza Shah aged 35 years. Iqbal Thaheem ASI alongwith two Constables posted in Police Station City Muzaffargarh arrived there. They caught hold of his son Ghulam Murtaza Shah and directed him to accompany them as Qayyum Nawaz Khan SHO Police Station City Muzaffargarh was summoning him. They dragged his son and took him to some distance where they put him in a police van. Din Muhammad Shah and Mahmood-ul- Hassan Shah saw the said scene. They requested the police not to remove Ghulam Murtaza Shah to the Police. Station otherwise than due process of law. However, everything remained in vain.
Thereafter they reached Police Station City Muzaffargarh. The main gate was closed. His son Ghulam Murtaza Shah was being belaboured by the police whose hue and cry could be heard.
They raised the noise. The door of the Police Station was opened . He alongwith the aforesaid persons and other members of the public entered inside the precincts of the 'Thana'. They saw that Qayyum Nawaz Khan SHO, Iqbal Thaheem ASI and 4/5 Police Constables were beating Ghulam Murtaza Shah who was naked. On his inquiry Qayyum Nawaz Khan SHO told that he (complainant ) should contract him at night. He contacted the police for 2/3 days alongwith the respectables.
However, the police continued the coercion upon his son who was made to hang while chained and was given the 'Danda' beatings which was seen by him, Din Muhammad Shah, Mahmood-ul- Hassan Shah and Khalil Ahmad as well as other persons of the city. Afterwards his son Mudassar Ali Shah was intimated that his son Ghulam Murtaza Shah was unconscious. They again contacted the police. Qayyum Nawaz Khan SHO got the undertaking from him that Ghulam Murtaza Shah shall be taken to some private clinic. Dr. Abdur Rehman treated his son whose condition worsened.
He died on 2-5-1996 at 5.00 a.m. He prayed for taking the action against the accused persons belonging to the police force.
2. Apprehending his arrest Qayyum Nawaz Khan Inspector/SHO Police Station City Muzaffargarh who is the accused of the aforesaid case F.I.R., No,152/96 has filed this application for his admission to pre-arrest bail.
3. I have heard the preliminary arguments. At the very outset learned counsel for the petitioner argued that Qayyum Nawaz Khan petitioner accused had gone to his home in D.G. Khan City to see his ailing mother. On my inquiry he intimated that the petitioner accused even though posted as Inspector/SHO Police Station City Muzaffargarh did not obtain the leave/written permission from his superior officcers. It is narrated in the petition that the petitioner contacted many respectables in D.G. Khan during the period he remained there. However, in view of the fact that the petitioner did not obtain the leave from the officers and he belongs to the disciplined force of police, this factual aspect of the matter need not be given the weight at this initial stage by this Court.
4. At this stage learned counsel for the petitioner prayed that the petitioner may be allowed the interim relief with permission to move the Court of Session. After the learned counsel for the petitioner had made the aforesaid arguments this prayer cannot be granted particularly when under Note 2, rule 14, Chapter X, High Court Rules and Orders Volume-III, this Court is also competent in the exceptional cases to directly deal with an application of the instant nature. In view of the fact that the petitioner is a fugitive of law being a Police Inspector and SHO Police Station City Muzaffargarh, I do not feel it proper to allow him the time to move the Court of Session for his admission to pre-arrest bail. As expressed above the petitioner was the Inspector/SHO Police Station City Muzaffargarh. The matter cannot be taken in routine as required and desired by his learned counsel.
5. The cardinal principle for the admission of an accused to pre-arrest bail is as to whether or not he is apprehending unnecessary harassment at the hands of the police. The fact that the petitioner was the Inspector/SHO of Police Station City Muzaffargarh where the case stands registered has to steal the eminence. About the plea of alibi it has been expressed in Liaqat Ali v. The State (1996 PCr.IJ 833) that "plea of alibi came up for consideration before the Honourable Supreme Court of Pakistan in case of Waqar-ul-Haq v. The State (1985 SCM R 974) and the learned Judges were pleased to hold that as far the plea of alibi, it cannot be judged at bail stage in the face of the prima facie material". The recitals of the FIR have to play the legal role which cannot be ignored.
The eye-witnesses are mentioned in the FIR who saw the alleged occurrence. Qayyum Nawaz Khan petitioner accused has been ascribed/attributed the specific role of effecting physical coercion upon Ghulam Murtaza Shah deceased alongwith his co-accused and the injured expired afterwards. In the circumstances, Qayyum Nawaz Khan petitioner accused cannot claim unnecessary harassm ent at the hands of the police and I hold that there is no merit in this application for his admission to pre-arrest bail.
6. For what has been said above, I dismiss this petition in limine.
7. Qayyum Nawaz Khan petitioner accused is involved in a sensational case. He has been put under the custody of Muhammad Iqbal ASI/Incharge Police posted in Lahore High Court, Multan Bench, Multan who is present alongwith Muhammad Shafi HC 2173 and Maqbool Hussain Constable 2133. They shall contact the concerned police at Muzaffargarh so that Qayyum Nawaz Khan (Inspector/SHO petitioner accused is taken to Police Station City Muzaffargarh in accordance with law to join the police investigation.