' In terms of order, dated 19-8-1998 Bashir Ahmad injured alleged detent was examined by the Medical Board which found six injuries on his person. Bashir Ahmad was mercilessly tortured at his buttocks.
2. This is a petition under section 491 of the Code of Criminal Procedure for the recovery of Bashir Ahmad son of Muhammad Bakhsh father of the petitioner from the illegal and improper custody of the S.H.O. Police Station Khangarh, District Muzaffargarh.
3. Nazir Ahmad bailiff reached Police Station Khangarh at 5-15 p.m. On 18-8-1998. The petitioner was shown to have been arrested on 18-8-1998 at 7-15 a.m. In the Daily Diary under section 54 of the Code of Criminal Procedure in case F . I .R . No,217 of 1998 registered under section 457/380, Pakistan Penal Code. Bashir Ahmad alleged detent intimated the bailiff that he was arrested three days before.
4. In terms of order, dated 19-8-1998 Dr. Jamil Ahmad, Superintendent of Police, Muzaffargarh has appeared today. He has examined the buttocks of Bashir Ahmad and has expressed that he has mercilessly been tortured. Abdus Sattar, S.-I./S.H.O. Tried to defraud this Court by submitting a Photostat of the entries in the case diary to the effect that the injuries were caused due to fall of Bashir Ahmad as he attempted to escape and was followed. The Superintendent of Police has expressed that the said reason mentioned by his subordinate is simply false.
5. In view of the fact that the S.H.O. Has falsely projected the dispute before this Court, it can safely be held that the version of Bashir Ahmad alleged detent is correct. He is not mentioned in the F.I.R.
His arrest has been shown under section 54 of the Code of Criminal Procedure. My view is that to save his skin, the S.H.O. Has falsely prepared the record in the matter which has become a usual practice with the Police regardless of the fact that they claim to be Muhafiz, but, in fact, are a source of inconvenience to the general public. In this view of the matter, I declare Bashir Ahmad as a detent who is not involved as an accused in the aforesaid criminal case. I set him at liberty who can go to the place of his own choice.
6. It is a case of merciless beating of Bashir Ahmad detent released today. Bashir Ahmad detent intimated that Waheed Iqbal, Muhammad Saif Ullah and Wajid Pervez, Constables also practically effected torture upon him by giving him shoe-beating. The aforesaid S.-I. And the three Constable verbally expressed their regrets and apologized which has made out that all of them have transgressed their authority.'
7. At my query Dr. Jamil Ahmad, Superintendent of Police has assured this Court that Abdus Sattar, S.-I./S.H.O. Police Station Khangarh, District Muzaffargarh shall be immediately suspended by him who shall be sent to the Police Lines, that against him as well as Waheed Iqbal, Muhammad Saif Ullah and Wajid Pervez, Police Constables the departmental inquiry shall be conducted separately, that S.-I. And the three Constables shall not wear the uniform during the period of their suspension and the conclusion of the departmental inquiry and that the investigation of any case shall not be handed over to Abdus Sattar, S.-I. Placed under suspension by him. Dr. Jamil Ahmad, Superintendent of Police, Muzaffargarh is a responsible officer who shall abide by the undertaking given by him before this Court and shall immediately intimate this Court the result of the inquiry conducted against aforesaid S.-I and three Constables.
8. Dr. Jamil Ahmad, Superintendent of Police has the qualification of M.B.,B.S. After examining Bashir Ahmad released detent he has expressed that an amount of Rs,3,000 to Rs,4,000 shall have to be spent by the injured for his treatment. I, therefore, direct Abdus Sattar, S.-I. To pay an amount of Rs,3,000 (Rupees three thousand only) to Bashir Ahmad. I also direct each of Waheed lqbal, Muhammad Saif Ullah and Wahid Pervez, Constables to pay an amount of Rs,500 to Bashir Ahmad.
They shall bring the aforesaid amount on 26-8-1998 to be paid to Bashir Ahmad released detent/injured.
9. This matter shall be listed for 26-8-1998. Note.
10. A copy of this judgment shall be immediately sent to the Superintendent of Police, Muzaffargarh.