' This order is intended to dispose of the following matters:--
(i) Criminal Miscellaneous No,282/Q of 1998 titled as Muhammad Naveed etc. v. Riaz Ahmad, S.-I.
Etc.
(ii) Criminal Miscellaneous No,283/Q of 1998 titled as Karamat All v. Riaz Ahmad, S.-I. Etc.
2. The facts giving rise to these quashment petitions are as under:--
3. Writ Petition No,495 of 1998 was filed about the illegal detention of Sadiq, Muhammad Naveed petitioner and Karamat petitioner in Police Station, Lohari Gate, Lahore while Riaz Ahmad, S.-I.
Respondent No,1 was the S.H.O. At the relevant time. The matter was taken up on 12-1-1998 by this Bench. A bailiff was deputed. Muhammad Sadiq and Muhammad Naveed were recovered. They were released. During the hearing of that writ petition Raza Safdar, Inspector/S.H.O. Police Station, Bhatti Gate, Lahore appeared and took the stand that case F.I.R. No,269, dated 15-12-1997 was.
Registered under section 457/380 at Police Station, Bhatti Gate, Lahore wherein the aforesaid detenus were arrested on 12-1-1998 at 7-30 p.m. From Kasur Wagon Stand, Bhatti Gate, Lahore, however, the aforesaid defence was, not taken in good taste and was not believed in view of the detailed order made thereof. The aforesaid detenus were released while the third detenu was not with the police and the matter to his extent stood disposed of. During the disposal of the aforesaid habeas petition it came to the notice of this Court that Mahmood Ahmad son of Muhammad Sadiq was the accused of Crime Case No,222 registered on 28-12-1997 at Police Station, Lohari Gate, Lahore under sections 392, 324, 353, 186, 411, Pakistan Penal Code and under section 13 of the Arms Ordinance, 1965 and to put the pressure on the family to cause his arrest the detenus were detained. On 28-1-1999 Muhammad Riaz, S.-I. Went to the house of Muhammad Sadiq within the area of Police Station Ghazi Abad, Lahore to arrest Mahmood Ahmad absconder about whom he is said to have received the secret information about his presence there. Mahmood Ahmad is said to have made good his escape. However, Muhammad Riaz, S.-I./S.H.O. Got recorded F.I.R. No,18, dated 28-1-1998 at Police Station Ghazi Abad, Lahore under section 216, Pakistan Penal Code.
4. On 29-1-1998 Muhammad Riaz, S.-I./S.H.O., Police Station Lohari Gate, Lahore went to the house of Muhammad Karamat, Behnoi of Mahmood Ahmad, who is said to have made good his escape. In this regard F.I.R. No,42, dated 29-1-1998 was got registered at Police Station Harbance Pura, Lahore under section 216 of the Pakistan Penal Code.
5. Feeling aggrieved the respective accused of the aforesaid respective F.I.R. Have filed the aforesaid respective criminal miscellaneous for the quashment of the respective F.I.R. On the ground that fake proceedings were conducted by Muhammad Riaz, S.-I./S.H.O., Police Station, Lohari Gate, Lahore and that they respectively did not conceal or harbour Mahmood Ahmad absconder. It was specifically agitated that the fake proceedings were conducted and that the S.H.O. Did not inform about his arrival in the respective Police Station, Ghazi Abad, Lahore and Harbanspura, Lahore who violated the Police Rules, 1934. In both the .Matters the comments have been submitted wherein it has been narrated that the genuine proceedings were conducted by Muhammad Riaz, S.-I./S.H.O. It is proper to express that when confronted with the situation that how he could proceed in the matter without intimating his arrival and departure within the respective police station in terms of Rule 22.49 of the Police Rules, 1934, Muhammad Riaz, S.-I./S.H.O. Regretted and put himself at the mercy of the Court.
6. I have heard the learned counsel for the petitioner as well as the learned A.A.-G. And gone through the records before me. Before proceeding further it would be proper to express that under section 44 of the Police Act, 1861 it is the duty of every Officer Incharge of a Police Station to keep a general diary in such form as shall, from time to time, be prescribed by the Provincial Government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainant, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise and the names of the witnesses who shall have been examined. The Magistrate of the District has been made competent to call for and inspect such diary. The aforesaid diary is called as Daily Diary of a Police Station.
7. For the proper appreciation of the dispute in hand Rule 22.48 and Rule 22.49 of the Police Rules, 1934 are reproduced as under:-- "Rule 22.48 of Police Rules, 1934: Register No,II.
(1) The Daily Diary shall be maintained in accordance with section 44 of the Police Act. It shall be in Form 22.48(1) and shall be maintained by means of carbon copying process. There shall be two copies. One will remain in the Police Station and the other shall be despatched to a Gazetted Officer to be designated by the Superintendent of Police or to the Superintendent of Police himself every day at the hour fixed in this behalf.
' Shortly before the close of each quarter, books containing the per number of pages for the ensuing three months shall be issued to Police Stations by the Superintendent. The Superintendent shall fix the hours at which station diaries shall be daily closed with reference to the hour of despatch of the post or messenger.
(2) The Daily Diary is intended to be complete record of all events which take place at the police station. It shall, therefore, record not only the movements and activities of all Police Officers, but also visits of outsiders whether official or nonofficial coming or brought to the police station for any purpose whatsoever.
(3) All entries in the station diary shall be made by the officer-incharge of the Police Station or by the Station Clerk. Literate officers making a report shall read the report recorded and append their signatures. Every matter recorded in such diary shall be so recorded as soon as possible; each separate entry shall be numbered and the hour at which it was made shall commence each such entry. If the hour at which the information, or otherwise, containing such entries reaches the police station differs from the hour at which such entry was made, both hour shall be stated. As soon as an entry has been made in the diary, a line shall be drawn across the page immediately below it.
(4) the name of each accused person at large on bail or recognizance and the date of his release on such security.
' Th last entry of each day shall show (a) the balance of cash in hand as shown in the cash account, and (b) the balance of the cattle-pond account.
Rule 22.49 of the Police Rules. 1934 Matters to be entered in Register No,II.---The following matters shall, amongst others, be entered:-
(a) The number and description of cattle, seized in connection with cases or on suspicion with a reference to the case or report.
(h) The day. Hour and purpose of visits to the police station of persons registered under the Criminal Tribes Act and of convicts released under the Remission Rules or under section 565, Code of Criminal Procedure, together with the names of such persons.
(c) The hour of arrival and departure on duty at or from a police station of all enrolled police officers of whatever rank, whether posted at police station or elsewhere with a statement of the nature of their duty. This entry shall be made immediately or arrival or prior to the departure of the officer concerned and shall be attested by the latter personally by signature or
(d) Every police officer of or above the rank of head constable, when returning from duty other than in investigation in which case diaries are submitted, shall have an entry made in the daily diary by the station clerk or his assistant showing the places he has visited and the duties performed by his during his absence from the police station.
(e) All admissions to and releases from the cattle pound with the amounts of fines realised.
(t) The hour of receipt and despatch of all communications, property, cash, etc., giving reference to the number in the correspondence register.
' Note.---The word "communications" shall be taken to include the reports required by Police Rule 25.57(2)(ii) and Police Rule 27.1(I)(ii), to be sent to Panchayats.
(g) Information of the commission of non-cognizable offences (Rule 24.3) including reports of enmities likely to lead to a breach of the peace (Rule 23.32); visits of Chaukidars to police stations Rule 21.3(4) and demands by the police of one jurisdiction for assistance in extradition cases from the police of another jurisdiction Rule 26.10(7).
(h) All arrivals at. And despatches from. The police station of persons in custody. And all admissions to. And removals from the police station lock-ups. Whether temporary or otherwise. The exact hour being given in every case.
(i) The hour and date of receipt and (separately) of service or execution of each process; and hour and date of return made to such process.
(j) The report regarding property in the store-room required by Rules 22.15 and 22.18(2).
(k) The report regarding excess of expenditure over the permanent advance as required by Rule 22.71.
(I) The entrance of persons, by permission, into a Tehsil Treasury after office hours.
(m) The deposit in, or removal from the Post Office safe in the Police Station of any article whatsoever, the exact hour being given in every case.
' Note.--Every such entry shall contain a detail of the article or articles deposited or removed and shall be signed by the Sub or Branch Postmaster effecting the deposit or removal.
(n) A reference to every information relating to the commission of a cognizable offence, and when action is taken under section 157, Code of Criminal Procedure, the number and date of the First Information Report submitted.
' Note.-- In cases where the information relates to the commission of a cognizable offence triable by a Panchayat, mention shall also be made in the Daily Diary of the measures taken to send a copy of the First Information Report to the Panchayat concerned as required by Police Rule 24.5(2).
(o) In Monday's diary a list shall be given of all papers pending for over a week."
8. A perusal of the complaint dated 28-1-1998 sent by Muhammad Riaz, S.-I./S.H.O., Police Station, Lohari Gate, Lahore to the S.H.O., Police Station, Ghazi Abad, Lahore has made out that he sent the same through Shah Muhammad, Constable No,2561 and himself did not visit the police station either before his arrival within the territorial limits of Police Station Ghazi Abad, Lahore or at the time of his departure therefrom. A perusal of complaint dated 19-1-1998 sent by Muhammad Riaz, S.- I./S.H.O., Police Station, Lohari Gate, Lahore to the S.H.O., Police Station, Harbanspura, Lahore has made out that he sent the complaint through Faqir Hussain, Constable No,12497. He himself did not visit Police Station, Harbanspura, Lahore at the time of his arrival within the territorial limits of the same and at the time of his departure. The aforesaid Rules 22.48 and 22.49 of the Police Rules, 1934 have made out that the daily diary is intended to be complete record of all events which take place at the police station, that it should record not only the movements and activities of all Police Officers, but also visits of outsiders, whether official or non-official coming or brought to the police station for any purpose whatsoever. The same also project that the hour of arrival and departure on duty at or from a police station of all enrolled Police Officers of whatever rank whether posted at the police station or elsewhere with a statement of the nature of their duty has to be entered therein and this entry shall be made immediately on arrival or prior to the departure of the Officer concerned and shall be attested by the latter personally by signature or seal.
9. It is the admitted position that Muhammad Riaz, S.-I./S.H.O.. Police Station, Lohari Gate. Lahore did not make the entry of his arrival in the respective daily diary of the respective police station and also did not visit the same at the time of his respective departure. This is the crux of the matter to make me hold that the aforesaid indiscipline attitude of Muhammad Riaz, S.-I./S.H.O., Police Station.
Lohari Gate, Lahore has made out that he proceeded illegally and without jurisdiction. On the same reasoning it can safely be expressed that the respective raid was false and sham which has no legal force.
10. I would express that due to the acceptance of the aforesaid habeas petition Muhammad Riaz, S.-I./S.H.O. Proceeded in an illegal manner to wreck the vengeance. Mahmood Ahmad absconding accused of the aforesaid crime case is a disobedient member of the family who is a source of insult, degradation and inconvenience to the family. In such a state of affairs many problems creep up due to the abnoxious activities of the out laws. Even the sisters of the fugitive from law are divorced. The engagements of the sisters and brothers are broken, unfolded. If the family is educated the brothers and sisters sitting in the Educational Institution(s) or pursuing the respectable profession(s) have to face the sarcastic rebukes who even feel difficulty to sit in the social gatherings and thus, cannot find a respectable place in the society. I feel honoured to express that our Holy Prophet Muhammad (peace be upon him) in his last Sermon commonly known as "Khutab-tul-Hajja-tul-Wida has very kindly expressed for the guidance of the mankind that "henceforth the offender himself will be responsible for the offence, no son will be charged for the father's crime and no father will be punished for the crime committed by the son".
11. It is simply surprising that Muhammad Riaz, S.-I. Raided the aforesaid two houses and Mahmood Ahmad absconder succeeded in making good his escape. Many officials/subordinates were with the S.H.O. And no effort was made to chase him. In the circumstances it can safely be held that the allegation of harbouring and concealment levelled against the writ petitioners, against whom the F.I.Rs, have been registered are anomalous and without substance.
12. The cumulative effect of the aforesaid reasoning is that the aforesaid both the F.I.Rs, cannot hold the water which have to fall on the ground as the house of cards.
13. For what has been said above, I accept both Criminal Miscellaneous No,282-Q of 1998 and Criminal Miscellaneous No,283-Q of 1998 and quash F . I . R. No .18 registered on 28-1-1998 under section 216, Pakistan Penal Code at Police Station, Ghazi Abad, Lahore as well as F.I.R. No,42 registered on 29-1-1998 under section 216, Pakistan Penal Code at Police Station, Harbanspura, Lahore with costs.