1. ' Both these petitions are under section 491, Cr.P.C. Seeking release from the illegal detention as well as award of monetary compensation for the detenus namely Mumtaz Ali, Muhammad and Muhammad Yousif being detained by the present S.H.O. Both these petitions were filed on 25-10- 1999, when on that date this Court had appointed Deputy Registrar Mr. Altaf Hussain Chandio of this Court to raid the Police Station, Gaheja and to ascertain the allegations of illegal and unauthorised detention of the aforesaid three detenus. He was further directed to bound down the S.H.O. To appear in this Court today. Through this common order, we intend to dispose of both these petitions as the defence of S.H.O. Is common in both these matters.
2. ' The said S.H.O. Has filed his statement in writing duly verified on oath. It is admitted by him that on 22nd October, 1999 he has raided the village Dari Jakhri to arrest absconding accused Ghulam Nabi Kakepoto in Crime No,26 of 1999; that while going through the street of the said village he saw one man driving away buffaloes and on seeing police, the said man ran away through the narrow street leaving behind the buffaloes which were 21 in numbers. It is further admitted that the said buffaloes were taken into custody on suspicion that the same are stolen property, whereafter proceedings under section 550, Cr.P.C. Was filed in the Court of Mukhtiarkar/F.C.M., Garhi Yasin. In so far the arrest of detenu Mumtaz Ali is concerned, it was admitted that he was arrested on 25-10- 1999 at about 8-10 a.m. However, he has denied arrest of the other detenus Muhammad and Yousif.
3. It is further, stated by him that in respect of Mumtaz Ali, a report under section 169, Cr.P.C. Has been filed.
4. ' In order to ascertain the facts of the petitions as well as correctness of the statement filed by the S.H.O., we have examined the said S.H.O. And all The three detenus in the open Court. In Criminal ,Miscellaneous Application No,D-100 of 1999, it is alleged that detenu Mumtaz Ali was arrested on 22-10-1999 by the present S.H.O. Which fact has been duly endorsed by the detenu who was examined on oath. It is also alleged in the said petition that Mumtaz Ali was kept in wrongful confinement till filing of the said petition. These allegations are also supported by the report of Deputy Registrar, High Court who found the detenu Mumtaz Ali locked-up in the police lock-up of Gaheja Police Station on 25-10-1999 at about 4-30 p.m. The fact that detenu Mumtaz Ali was kept detained in the lock-up of the said police station for more than 8 hours without noting such fact in the Roznamcha/station diary was also admitted by the S.H.O. During his examination. In our view, this supports the allegations of the petitioner that the said detenu Mumtaz Ali was arrested on 22- 10-1999 and was kept under illegal and unauthorised confinement till the raid conducted by the Deputy Registrar of this Court. All detenus have alleged maltreatment and torture at the hands of this S.H.O. They have also alleged forcible removal of valuables from their house by the S.H.O. And other police man. There is another interested feature of this case. All the three detenus have stated on oath that even today they were brought up by the present S.H.O. And were confined in the police station even on the last night. On query from the Court, the S.H.O. Has stated that these detenus were voluntarily staying in the police station. It is painful to note that one of the detenu namely Yousif has disclosed his age to be 15 years which we have no reason to doubt.
5. ' Mr. Imtiaz Ali Mugheri, Advocate has argued that this is a clear case of illegal and unauthorised detention of three innocent persons and that they were deprived of their liberty without just cause.
6. He has prayed for stern action against the police and monetary compensation for illegally detaining these three persons. He his placed reliance on the case Ali Ahmed v. Muhammad Yakoob Almani, D.S.P., Qasimabad, Hyderabad and 5 others PLD 1999 Kar. 134 where a Division Bench of this Court has awarded monetary compensation at the rate of Rs,3,000 per day for illegal confinement of the detenus. Mr. Ali Azhar Tunio, A.A.-G. Has also supported the case and stated that in view of the circumstances of the case and the statements of the detenus recorded today by this Court, it is a clear case of illegal confinement.
7. Time and again this Court has held that no person should be detained in the lock-up without recording such fact in the Roznamcha/station diary. If any reference is needed, see the case of Agha Khuda Bux, Advocate v. The State and 3 others 1999 PCr.LJ 1209. In the instant case, it was admitted by the S.H.O. That detenu Mumtaz Ali was kept by him in the police lock-up for more than 8 hours. At the same time, he has given a very strange and frivolous explanation that detenus Muhammad and Yousif had voluntarily appeared at the said police station in order to meet the detenu Mumtaz Ali and on their own accord they were sitting in the police quarter adjacent to the house of S.H.O. This explanation is neither plausible nor logical. All the three detenus have alleged that they were kept at the police station even on the iast night despite the raid of the Deputy Registrar of this Court. In reply to these allegations it was stated by the S.H.O. That they were living at the police station on their own accord which assertion does not attract to the common sense. In the aforesaid circumstances, we are of the considered view that this.Is a case where the S.H.O. Has exceeded his lawful authority in depriving the three innocent citizens from their liberty. He has also exceeded his authority by impounding 21 buffaloes on the ground of suspicion when there was no case of cattle theft pending investigation in his police station.
8. ' As a result of above discussion, we direct S.S.P., Shikarpur to lodge F.I.R. Against the present S.H.O.
9. Abdul Hameed Khakhrani and his other accomplices under sections 220 and 343/34, P.P.C. At the same time, the present S.H.O. Is directed to pay monetary compensation of Rs,3,000 each to these detenus within a period of fifteen days. In case he fails, then S.S.P., Shikarpur is further directed to deduct this amount from the salary of this Police Officer and to make payments to the said detenus. The S.S.P., Shikarpura is further directed to submit his compliance report of the above directions within fifteen days with the Additional Registrar, High Court of Sindh, Larkana Circuit Bench, who will ensure that the same is placed before us for our perusal at the Principal Seat.
10. ' With the abovesaid order, both these petitions are disposed of.