' Mst. Nazeeran Bibi petitioner made an application, before Mr. Justice Ihsan-ulHaque Chaudhri, Senior Judge, Lahore High Court, Lahore on 22-9-1999 wherein she alleged that her husband Muhammad Hussain was arrested by the Police Kot Abdul Malik on Monday (20-9-1999) at 9-30 a.m. Without any legal justification who was being belabored and that the police demanded an amount of Rs,20,000 as illegal gratification for his release. She alleged that the police officials took away the registered sale-deed, cash amount of Rs,25,000, two watches, clothes, bedding and edibles after breaking open the door who also threatened her that she and her issues would be abducted. By the order of Mr. Justice Ihsan-ul-Haque Chaudhri, Senior Judge, this matter was listed before this Bench and was taken up on 23-9-1999 when a Bailiff was appointed who intimated that there was no Police Station known as Police Station Kot Abdul Malik. It was brought to the notice of this Court that Kot Abdul Malik was within the territorial limits of Police Station Factory Area, District Sheikhupura.
2. The matter was taken up again on 23-9-1999 when the Bailiff submitted his report wherein he mentioned that one Ibad Ali, A.5.-I. Police Station Factory Area, Sheikhupura had taken away Muhammad Hussain alleged detenu to Mianwali and that in the daily diary of the said Police Station the arrest of Muhammad Hussain was not shown. Syed Riaz Ali Shah, Inspector/S.H.O.
Verified that Muhammad Hussain had been taken to Mianwali with respect to abduction of two girls. The S.H.O. Was directed to produce Ibad Ali, A.S.-I. And Muhammad Hussain alleged detenu on 24-9-1999 at 11-15 a.m. Who was directed to bring the daily diary. Mst. Nazeeran Bibi intimated this Court that her household articles have been removed by Ibad Ali, A.S.-I. While she was not present in her house. The S.H.O. Was directed to look into the matter with all the seriousness and to cause the return of household articles to Mst. Nazeeran Bibi. However, no action has been taken till today as intimated by Mst. Nazeeran Bibi.
3. The matter was taken up . On 24-9-1999 when Syed Riaz Ali Shah Inspector/S.H.O. Informed that in spite of his best efforts he has not been able to contact Ibad Ali, A.S.-I. Who had taken Muhammad Hussain alleged detenu alongwith him. He sought the time which was granted and the matter was fixed for.27-9-1999. On this date Mst. Nazeeran Bibi petitioner again intimated that her household articles have not been returned.
4. On 27-9-1999 the matter was taken up when Syed Riaz Ali Shah Inspector/S.H.O. And Ibad Ali, A.S.-I, were present. Ibad Ali, A.S.-I. Intimated that he joined Muhammad Hussain alleged detenu in the inquiry of an application made before him by Inayat Ullah on 20-9-1999 about the abduction of Mst. Azmat Bibi. According to Ibad Ali, A.S.-I. He took Muhammad Hussain to Mianwali from where he slipped away. On the query made by this Court Ibad Ali, A.S.-I. Had intimated that he directly entertained the application without the intervention of the S.H.O., and the had intimated that he was not aware about the making of such an application. Ibad Ali, A.S.-I. Intimated that he contacted the S.H.O. Police Station Wan Bhuchhran, District Mianwali for the registration of a criminal case about the slipping away of Muhammad Hussain from his custody who refused as no case stood registered at Police Station Factory Area, District Sheikhupura and the same reason was ascribed by the said S.H.O., when he (Ibad Ali, A.S.-I.) reported his arrival.
5. I expressed in the order, dated 27-9-1999 that Ibad Ali, A.S.-I. Was simply desirous to frustrate the order passed by this Court and the exception can be taken for the removal or Muhammad Hussain, A.S.-I. As well as removal of household articles of Mst. Nazeeran Bibi and that a criminal case can be registered against Ibad Ali, A.S.-I. About the dishonest removal of household articles. He was directed to produce Muhammad Hussain alleged detenu before this Court on 28-9-1999 at 9-00 a.m. Failing which a criminal shall be got registered against him and he shall be got arrested. The S.H.O. Was directed to bring the Register of F.I.Rs, in the Court.
6. The D.S.P. (Legal), Sheikhupura as well as the A.I.-G. (Legal), Punjab, Lahore were also asked to appear before this Court on 28-9-1999.
7. Today Inayat Ullah has appeared and has intimated about the abduction of Mst. Aztnat Bibi. A perusal of the daily diary maintained in Police Station Factory Area, Sheikhupura under section 44 of the Police Act, 1861 has made out that against Entry No,43, dated 22-9-1999 it is narrated by Ibad Ali, A.S.-I. That he was going to Mianwali along with Inayat Ullah. He has not named Muhammad Hussain therein. It is pertinent to mention that thereafter, on his return from Mianwali to Police Station Factory Area, District Sheikhupura Ibad Ali, A.S.-I. Has not mentioned the fact of his arrival in the daily diary.
8. Ibad Ali, A.S.-I. Has produced the original application submitted before him by Inayat Ullah before this Court and a photostat of the same has been added to this file. It does not contain any order from any Police Officer on 20-9-1999 or even afterwards till today. It is, dated 20-9-1999. This application has been returned to the S.H.O., and he may proceed in accordance with law.
9. The aforesaid resume of whole of the episode has prima facie made out that Ibad Ali, A.S.-1. Took away abducted Muhammad Hussain to some place who also removed the household articles of Mst. Nazeeran Bibi. He has not produced Muhammad Hussain even though admittedly he arrested him/took him in his custody. A prima facie case for abduction of Muhammad Hussain as well as dishonest removal of household articles of Mst. Nazeeran Bibi is made out against Ibad Ali, A.S.-1. He is the accused of the case and has been put under the custody of the police to be treated as an accused and to proceed further in accordance with law as contemplated under section 167/344 of the Code of Criminal Procedure.
10. The original petition made by Mst. Nazeeran Bibi before my learned brother Ihsan-ul-Haque Chaudhri, J., has been handed over to the S.H.O., for the formal registration of the F.I.R. Now this matter shall be taken up today at 12-30 p.m.
' Presence: As before.
12. In terms of order passed today Syed Riaz Ali Shah, Inspector/S.H.O., Police Station Factory" Area, District Sheikhupura has registered Crime Case No, 635, dated 28-9-1999 under sections 365, 342, 379 and 506, Pakistan Penal Code.
13. At this stage I would record that Syed Riaz Ali Shah, Inspector/S.H.O., Police Station Factory Area, District Sheikhupura has not cooperated with the Court who has taken the matter lightly on all dates. He has not taken the steps for the return of the household articles of Mst. Nazeeran Bibi dishonestly removed from her house. He has not maintained the daily diary according to section 44 of the Police Act, 1861 and Rule 22.48 of the Police Rules, 1934 and for the simple purpose that the true picture is not projected before this Court. To maintain the dignity and grace of this Court the order of transfer of Syed Riaz Ali Shah, Inspector/S.H.O., Police Station Factory Area, District Sheikhupura to Police Lines, Sheikhupura for four months is passed which shall be complied with today by the Superintendent of Police, Sheikhupura which shall be conveyed to him by the Deputy Superintendent of Police (Legal) present in the Court. He shall not investigate any case. A copy of the order shall be sent by any subordinate tomorrow (29-9-1999) for handing over to the Reader of this Court who shall add the same to this file. To avoid the frustration of the impact and the authority of this order it is directed that the Competent Authority of Syed Riaz Ali Shah, Inspector Police shall not transfer him out of District Sheikhupura during the aforesaid period of four months and this part of the order shall be conveyed by Mr. Shah Hussain, A.I.-G. (Legal) Punjab, Lahore as well as the Superintendent of Police Sheikhupura to the Competent Authority.
14. The hectic efforts with all the seriousness shall be made for the recovery of Muhammad Hussain by the Superintendent of Police, Sheikhupura with the help of his subordinates and he shall himself appear personally before this Court on 4-10-1999 along with Muhammad Hussain. It is made clear that if any legal action is to be taken on the application of Inayat Ullah about the abduction of Mst.
Azmat Bibi this order shall not prejudice any person.
15. Case F.I.R. No, 635, dated 28-9-1999 registered at Police Station Factory Area, District Sheikhupura shall be investigated by and under the supervision of the Superintendent of Police, Sheikhupura who may associate any of his subordinates with him. He shall maintain the case diary, record the statements of the P.Ws., effect the recovery of stolen articles and shall produce the police file on 4-10-1999.
16. The Superintendent of Police, Sheikhupura shall be responsible for the safety of Mst. Nazeeran Bibi complainant and her issues who shall not be vexed and taxed.
17. A copy of all the orders, dated 23-9-1999, 24-9-1999, 27-9-1999 and 28-9-1999 (passed today) shall be sent till tomorrow through Special Messenger to the superintendent of Police, Sheikhupura for his record especially when he has to investigate the case.
18. This matter shall be listed for 4-10-1999.