' This is a petition filed under section 199 of the Constitution of the Islamic Republic of Pakistan, 1973 for the recovery of Muhammad Wan brother of the petitioner from the alleged illegal and improper custody of S.H.O., Police Station Kup, Multan and Muhammad Iqbal, A.S.-I. Police Station Kup, Multan.
A bailiff was deputed.
2. Jahangir Khan bailiff reached Police Station Kup, Multan at 12-45 p.m. On 25-8-1998 who found Muhammad Irfan tied with a chain which was further tied with a "Charpai" who was identified by Muhammad Saleem petitioner. Muhammad Irfan informed the bailiff that he was arrested two days before and that torture was affected upon him. Saadat Mehdi, Inspector/S.H.O., Police Station Kup, Multan was not present and the bailiff was informed that he had gone in the area. The Moharrir informed the bailiff that Muhammad Irfan was arrested under section 54 of the Code of Criminal Procedure on 25-8-1998 at 7-15 a.m. In Crime Case No,141 registered on 29-6-1998 in Police Station Kup, Multan under section 457/380, Pakistan Penal Code. The bailiff asked for the aforesaid police file who was intimated that the same was with the S.H.O. However, the bailiff mentioned in the report that about the removal of the police file by the S.H.O. Out of the Police Station Kup, Multan there was no entry in the Daily Diary who was handed over the photostat of the aforesaid F.I.R.
3. This matter was filed on 25-8-1998 wherein the proceedings were conducted on the same day and the bailiff recovered Muhammad Han on the same day. No material was produced before this Court on 25-8-1998 to justify the arrest of Muhammad Irfan under section 54 of the Code of Criminal Procedure. He accordingly was released and the matter was directed to be taken up on 26-8-1998 (today) to consider as to whether or not he was the detent.
4. Muhammad Irfan showed the injuries on his buttocks, as is usual with the police to administer beating with "Chhittar" on the buttocks so that the offence remains non-cognizable and bailable.
Mr. Fauzi Zafar, A.A.-G. Was directed to arrange for the medical examination of Muhammad Irfan by the Medical Board, Multan and to produce a copy of the medico-legal report before this Court on 26-8-1998 (today).
5. It is proper to record that the Senior Superintendent of Police, Multan appeared before this Court in a matter who was asked to control his subordinates with respect to the illegal detention of the citizens and he promised in the matter who also sent his Certificate thereof. Police is a disciplined force. I passed the order on 25-8-1998 to call the Senior Superintendent of Police, Multan as well as Saadat Mehdi, Inspector/S.H.O. Along with the file of the criminal case as well as the Daily Diary of police station.
6. Today Ch. Mushtaq Ahmad Warraich, Senior Superintendent of Police, Multan, Saadat Mehdi, Inspector and Muhammad Iqbal, A. S.-I. Are present. On my query Saadat Mehdi, Inspector admitted that Muhammad Irfan alleged detent was not arrested under section 54 in case F.I.R.
No,141 registered on 29-6-1998 under section 457/380, Pakistan Penal Code in Police Station Kup, Multan and that in the relevant police file the said fact was not entered. He expressed that against Muhammad Irfan no criminal case was registered or pending who was not required in any case and that he did not arrest him. However, in the Daily Diary the arrest of Muhammad Irfan is shown to have been made by Saadat Mehdi, Inspector. In view of the aforesaid aspect of the matter, it can safely be expressed that Muhammad Irfan was arrested without any legal and factual justification by S.H.O., Police Station Kup, Multan. Muhammad Irfan is, accordingly, declared as a detenu wk. Is released and he can go to a place of his own choice.
7. The leg of Muhammad Irfan was tied with a chain which was further tied with "Charpai" who was made to sit on the floor like an animal. Obviously this method was adopted by the police to humiliate and insult him. The Medical Board has examined Muhammad Irfan released detent on 26-8-1998 at 8-00 a.m. Five injuries were found on his person. In the X-Ray ski gram no bony lesion was detected. There were injuries on the right and left buttocks. There was one injury on the back of left shoulder. One injury was abrasion on the back of right forearm and painful swelling on the back of right hand. It shows that Muhammad Irfan was mercilessly beaten.
8. Ch. Mushtaq Ahmad Warraich, Senior Superintendent of Police expressed his sorrow on the episode and intimated this Court that he has got registered a criminal case against Afzal Hussain, Head Constable No,954, Manzoor Ahmad, Constable No,173, Ashfaq Ahmad, Constable No,528, Muhammad Iqbal, A.S.-I. And Saadat Mehdi, Inspector/S.H.O. And that he has suspended all the five aforesaid police officials. According to him Saadat Mehdi, Inspector and Muhammad Iqbal, A.S.-I.
Have been transferred to the Police Lines against whom the departmental inquiry has separately been initiated. He has ensured this Court that he would admonish and direct all the subordinates not to adopt such type of recalcitrant attitude with the citizens. He informed that Saadat Mehdi, Inspector and Muhammad Iqbal, A.S.-1. Shall not perform any duty who shall not wear the uniform.
Saadat Mehdi, Inspector/S.H.O. Shall not be assigned the job of S.H.O. At least for a period of six months. The proceedings against the aforesaid five police officials shall be conducted in accordance with law and the result shall be intimated to the Additional Registrar of this Court.
9. This petition stands disposed of.