' Mr. Muhammad Iqbal Sub-Inspector of Police Station, Bhana Mari is present in person algonwith Khana Jan, the detenu, who is in custody.
2. Submits that the S.H.O. Abdur Rashid of Police Station, Bhana Mari, who was directed by this Court to produce the detenu, is sick, and therefore, unable to attend the Court today. Further, submits that in accordance with his directions he is producing the detenu.
3. It may be remarked here that the callous attitude of the S.H.O. (Abdur Rashid) Police Station, Bhana Mari, in the circumstances, is regrettable and speaks volume of the high-handedness of the Police. He did not even bother to send any intimation in this respect, what to say of sending a medical certificate to show that he was in fact sick and thus unable to attend the High Court.
4. Copy of this order-sheet shall, therefore, be sent to the Inspector- General of Police N.-W.F.P. Peshawar by name, in continuation of my telephonic conversation with him of date, with the directions to hold a proper inquiry so as to establish as to whether or not the S.H.O., was in fact sick and was, therefore, not in a position to attend the High Court. Appropriate action may then be taken against the concerned S.H.O., if he fails to establish, by cogent evidence, that he was sick, under intimation to this Court.
5. This shall be done within 30 days and the Additional Registrar (Judicial) shall follow up the case.
6. Admittedly, this petition was presented in this Court on 15-6-1998 and the moment the said S.H.O.
Came to know about this fact he managed to do every thing after that. A perusal of the Police file, which has been produced before me, would clearly show that the detenu was allegedly arrested in a case which was registered some two months back (12-4-1998) under section 382/411 Vide: F.I.R.
No,117 in the said Police Station and his police custody obtained.
7. It may be of interest to note that in the said F.I.R. Nobody was even charged by name what to say of the petitioner.
8. Needless to mention that the police custody according to the record wasobtained on 16-6-1998 from the Judicial Magistrate, Mr. Zafar Iqbal, Vide: his order recorded on 16-6-1998. No identification parade, it may be noted, has been held so far. When the Sub-Inspector (Mr. Muhammad Iqbal) was asked as to why the identification parade was not held till date, he came out with a novel explanation. He said that the complainant, an Afghan refugee, is not traceable as he has gone to Afghanistan, and therefore, there is nobody to identify the detenu. This, to my mind, is no explanation at all. Does this mean that the identification parade would not be held for years if the complainant does not come back from Afghanistan.
9. After having gone through the record of the case, with the assistance of the learned counsel for the parties, I am convinced in my mind that the S.H.O. Concerned has practised fraud on this Court by making fake/false document after he came to know that he was required to produce to detenu in the High Court who was being kept by him in illegal custody.
10. The Inspector-General Police N.-W.F.P. Is expected to order a proper inquiry into the matter whereafter appropriate action is to follow.
11. In the circumstances detailed above this petition is accepted. The petitioner shall be released forthwith, if not required in any other case and shall not be arrested in this case unless and until sufficient material is collected by the Investigating Agency and this Court is informed about the same.