Statement of the detenu has been recorded. According to his statement, he was taken into custody by Muhammad Shafi, A.S.-I. From his house, thereafter, he was detained in illegal confinement for eight days without any basis, case, F.I.R. Or any other legal material. He was never produced before any learned Magistrate. No report was entered in the daily diary register of the Police Station, no "Hukamnama Talbi" was also shown to the bailiff or produced before this Court about the arrest of the detenu. This conduct of the police officials amounts to commission of offence under section 365/342/109, P.P.C. Let a case, therefore, be registered against Mushtaq Elahi, S.-I., Muhammad Shafi, A.S.-I., Gulzar and Abbas F.Cs. And against Muhammad Saleem (complainant) under section 109, P.P.C. Ghulam Abbas, S.-I./S.H.O., Police Station Jhang Bazar, he being incharge of the police station had failed to perform his legal obligation to see whether any innocent person was detained or not in his police station and in this way he is also guilty of offence under section 109, P.P.C. S.- I./S.H.O. Submits that he has 30 years of service then he should be more careful. All the police officials alongwith Muhammad Saleem complainant shall be taken into custody and the bailiff of this Court is directed to accompany them and produce them before S.S.P., Faisalabad, who would register a case against them on the statement of the detenu. Investigation of the case would be conducted by a gazetted and honest Police Officer with the rank of D.S.P. And report should be submitted to D.R. (Judi.) of this Court within three weeks after receiving the order of this Court. Since the detenu is not required or involved in any case, he is set at liberty and he can go wherever he likes. Security amount be returned to the petitioner.
2. Order of this Court should also be sent to D.I.-G., Faisalabad, who would look into the matter personally and also send a report to D.R. (Judl.) of this Court within three weeks. Bailiff of this Court is directed to produce the copy of the habeas corpus petition, affidavits, interim order passed by this Court yesterday, statement of the detenu recorded by this Court today, report of the bailiff and final order passed by this Court today.
3. With these observations, this petition stands disposed of.