' This is a petition under Article 199' of the Constitution of Islamic Republic of Pakistan, 1973 for the recovery of Mst. Shamim Akhtar and Muhammad Jafar alleged detenus from the illegal and improper custody of the S.H.O. Police Station Nawan Shehr, District Khanewal and D.S.P. Circle Kabirwala, District Khanewal/respondents Nos.1 and 2.
2. Jahangir Khan bailiff of this Court reached Police Station Nawan Shehr, District Khanewal on 5-5- 1998 at 6.30 p.m. Who mentioned the fact of his arrival in the 'Daily Diary'. He found Muhammad Jaffar present in the wireless room of the Police Station who informed him that he was arrested on 4-5-1998 alongwith Mst. Shamim Akhtar at 12.00 noon and that Mst. Shamim Akhtar was taken to Multan. The Muharrir informed the bailiff that F.I.R. No,122, dated 19-4-1998 was registered at Police Station Nawan Shehr under Article 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and under section 420/468/471 of Pakistan Penal Code who was arrested in that case and was sent to Women Jail Multan on Judicial remand on 5-5-1998. The bailiff found the name of Mst.
Shamim Akhtar as the accused in the aforesaid case.
3. The S.H.O. Has intimated that Muhammad Jaffar was not required by him in any case and that he was not arrested. Though the version of the Police Officer is that Muhammad Jaffar was not arrested, the fact is that he was found in the wireless room of the Police Station. No stranger like Muhammad Jaffar can enter the wireless room of a Police Station. Hence holding Muhammad Jaffar as a detenue, who admittedly is not required in any case, I release him who can go to a place of his own choice.
4. During the arguments it transpired that Allah Ditta had filed Criminal Miscellaneous No,175-H of 1998 in this Court about the illegal confinement of his wife Mst. Shamim Akhtar who is the alleged detenue in this case. She appeared before this Court on 18-3-1998 who stated that she was married to Allah Ditta, that she was forcibly confined by Haq Nawaz, Kalo and Muhammad Hussain who were not related to her, that she desired to accompany her husband Allah Ditta and her mother Manzooran Bibi, that Haq Nawaz got her thumb impression on the Nikahnama forcibly and that her previous Nikah with Allah Ditta was correct. She was released and was allowed to accompany Allah Ditta and Mst. Manzooran Bibi.
5. Mst. Shamim Akhtar has been sent to judicial lock-up on the basis of the registration of F.I.R.
No,122, dated 19-4-1998 at Police Station Nawan Shehr, District Khanewal under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and under section 420/468/471 of Pakistan Penal Code. It is proper to express that the statement of Haq Nawaz complainant of this case was recorded by Mr. Abdul Majid D.S.P., Kabirwala Circle on 19-4-1998 in detail and he sent the same to the S.H.O. Police Station Nawan Shehr for the registration of the formal F.I.R. Whose order was complied with. I would express that it is an abnormal working that D.S.P./D.S.P.O. Has recorded the statement of the complainant in his office at Kabirwala and then sent the same to the S.H.O.
Police Station Nawan Shehr for registration of formal F.I.R.
6. I issue the notice to the complainant as to why the case should not be quashed because Mst.
Shamim Akhtar has taken up the stand that she has instituted the suit for jactitation of marriage in view of the false claim of Haq Nawaz to be her husband. Further, I have kept in mind the statement dated 18-3-1998 of Mst. Shamim Akhtar mentioned above recorded by this Court in Criminal Miscellaneous No,175-H of 1998.
7. The contention of the learned counsel for the petitioner is that to frustrate the order dated 18-3- 1998 passed by this Court in Criminal Miscellaneous No,175-H of 1998 the D.S.P/D.S.P.O. Has crossed the limits by the transgression of his authority who in an abnormal manner recorded the statement of the complainant and directed the S.H.O. For recording the F.I.R. Without factual and legal justification. On the contrary the contention of the learned counsel for Haq Nawaz is that due to registration of criminal case on 19-4-1998 Mst. Shamim Akhtar has rightly been sent to the judicial lock-up. During the arguments, on the query made by this Court, Haq Nawaz complainant intimated that he was a married person, that his previous wife was alive and that he was blessed with three issues. According to him due to the death of Nabi Bakhsh, father of Mst. Shamim Akhtar, the brotherhood directed that Mst. Shamim Akhtar should be married to him so that she was not married to some stranger. Mst. Manzooran Bibi is the mother of Mst. Shamim Akhtar who has denied this fact and has expressed that Mst. Shamim Akhtar married Allah Ditta with her free-will, that she permitted her in the matter and that she attended the Nikah ceremony of Mst. Shamim Akhtar with Allah Ditta.
8. The aforementioned facts are enough to make out that the D.S.P/D.S.P.O. Kabirwala Circle, District Khanewal has transgressed the authority by recording the statement of Haq Nawaz in an abnormal manner to frustrate the order dated 18-3-1998 passed by this Court. The D.S.P/D.S.P.O.
Kabirwala Circle, District Khanewal has recorded that statement of Haq Nawaz complainant on the basis of which formal F.I.R. Was prepared, perhaps under the impression that the same would cement and strengthen the case of the prosecution. He is simply mistaken. Rather his aforesaid abnormal favour for Haq Nawaz complainant has arisen a suspension in my mind about the bona fides of the allegations. The dispute between the parties is about the marriage of Mst. Shamim Akhtar which she admits with Allah Ditta and her mother had verified in the matter. Haq Nawaz is a married person. It is matter which was to be disposed of by the Family Court and is not within the jurisdiction of the Police authorities who during these days are advised to look towards the betterment of the law and order situation in the area which is worsening with the passage of time due to such type of illegal activities/working on their part.
9. In view what has been discussed above, I hold that aforesaid F.I.R.No,122, dated 19-4-1998 registered at Police Station Nawan Shehr, District Khanewal cannot remain in the field. Its registration is simply an abuse of process of law. I, therefore, quash the aforesaid F.I.R.
10. As such, I declare Mst. Shamim Akhtar as a detenue whose said confinement in Women Jail (New Central Jail, Multan) is held to be illegal. She shall be set at liberty forthwith, if not required in any other case. She shall be entitled to accompany her mother Mst. Manzooran Bibi and Allah Ditta who both claim to be her mother and husband and the Jail authorities are directed in the matter.
The S.H.O. Police Station Nawan Shehr, District Khanewal shall make safe the journey of Mst.
Shamim Akhtar, her mother Mst. Manzooran Bibi and her husband Allah Ditta.
11. Mr. Abdul Majid D.S.P/D.S.P.O. Kabirwala Circle as well as Muhammad Sharif Dogar, S.I./S.H.O.
Police Station Nawan Shehr are warned to be careful in future.