' On 12-9-1998, this petition was filed under section 491, Cr.P.C. In respect of some eight detenus. On 15-9-1998, Mr. Ghulam Mustafa Channa, Deputy Registrar of this Court, was authorised to inspect the lock-up of Police Station Shapur Darpur and to verify whether the above-mentioned persons were 'being detained there and if so, under which offence. He was further authorised to verify from the record of police station including station diary such detention as alleged and to ascertain as to whether the arrest of the detenus was mentioned therein or not and the matter was adjourned to 16-9-1998. On that day, the following order was passed:-- ' "pursuant to yesterday's order, raid was conducted by the Deputy Registrar of this Court and the above-named six detenus were found detained illegally in the lock-up of Police Station Shapur Darpur. He has ''seized-the Roznamcha (Station Diary) and has produced the same alongwith his report. We have examined S.H.O. Chakar Khan Jamali and S.T. Muhammad Rafiq of Police Station Shapur Darpur. From their statements, it appears that these persons were detained in the said police station much prior to 3-9-1998 without mentioning this fact in the Station Diary and without obtaining remand order after producing them before any Court of Law. In the circumstances of the case, detenus are set at liberty. From the report of the Deputy Registrar and from the statements recorded today, we are of the considered view that it was with the connivance of all the respondents that the present detenus were detained illegally and unauthorisedly. It is stated by the detenus that the other two persons, namely, Abdul Shakoor son of Tawakkali Khoso and Abdul Ghani son of Tawakkali. Khoso as mentioned in para. 1 of the petition were never detained with them. Yesterday, we entertained this petition at about 2:00 p.m. And within a short span of two hours a successful raid was conducted by the Deputy Registrar, Mr. Ghulam Mustafa Channa, for which we would like to record our appreciation. In the aforesaid circumstances, we adjourn further hearing to 23-9-1998 when S.S.P. Hyderabad and S.P. Police Lines Headquarters, Hyderabad are directed to produce respondents Nos.1 to 6 before this Court. Station Diary is to be kept with this Court till further orders."
2. On 23-9-1998, respondents were put under notice as to why cost/monetary compensation should not be awarded against them and other actions, as provided under law, should not be taken. Yesterday, it was stated by the petitioner that since the detenus have been released, he has achieved his purpose and has no grievance against the respondents. He further stated that he has pardoned all these respondents. As a result of such statement, we directed him to produce all the detenus in Court. Today, we have examined all the six detenus who have stated they were arrested on 20-8-1998 and were released the raid conducted by Deputy Registror of this Court and that they were kept detained there for 23 days without any lawful authority. It also stands proved that during the period of their detention for 23 days, they were not produced before any Magistrate for the purpose of obtaining remand. Since the petitioner and the detenus are not claiming any compensation or cost of petition, we are not inclined to award the same. But we cannot ignore the fact that these detenus were kept in illegal and unauthorised detention for 23 days in lock-up of Shahpur Darpur Police Station. In their statements, the detenus have specifically named S.H.O. All Muhammad Khoso and A.S.I. Gul Muhammad. They were, however, not able to identify the other police officials/respondents present in Court.
3. Even if the detenus, have pardoned the police officials/respondents, the same attitude' cannot be adopted by a Court of Law before which it now stands proved that six persons were kept in illegal and unauthorised detention for 23 days.
4. As a result of the above discussion and for the reasons recorded by us in the case of Ali Ahmed v.
Muhammad Yaqub Alamani and others (Criminal Miscellaneous No,170 of 1998), we refer this matter to the D.I.-G. Hyderabad Range, with directive to initiate disciplinary proceedings against the respondents and to submit his report within 45 days with the Registrar High Court of Sindh at Principal Seat, Karachi. He is further directed to lodge F.I.R. Against the police officers responsible for detaining the detenus for 23 days. Petition stands disposed of.
5. Station Diary of Police Station Shahpur Darpur, retained by this Court vide order, dated 16-9-1998, may be returned back.