Vide order dated 15-6-2000, Bailiff of this Court was deputed to recover the alleged detenus, Farooq Ahmed son of Manzoor Ahmad, Gulzar Ahmad son of Habib Ahmed, Khalid son of Abdur Rehman and Siddique son of Khushi Muhammad from the custody of the respondent and produce them before this Court. In compliance with the abovesaid order the Baillif conducted raid at Police Station City Raiwind. He took Daily Diary in possession and on search all the detenus were found in the police lock-up. On his inquiry the detenus disclosed that they are workers of N.P. Textile Mills and on 13-6-2000 were going back towards their houses after completing their night shift duty at 11-00 p.m. Near Mills there was a police 'Naka' from where they were taken into police custody and sent to police lock-up. They were subjected to physical torture which was shown to the Bailiff, at that time blood was oozing from their buttocks and axin was ruptured from various places. They also told the Bailiff that after their arrest they have not been produced before any competent authority. On his inquiry Moharrar Head Constable explained that on the night of 14-6-2000. A.S.-I.
Riaz Ahmad arrested the detenus suspecting them as criminals. However, their arrest was not recorded in Daily Diary and they were being kept in police lock-up illegally. All the three detenus except Gulzar were taken into custody by the bailiff and have been produced today.
2. Ch. Muhammad Zahoor Nasir, Advocate learned counsel has entered appearance on behalf of the complainant in case F.I.R. No. 147 of 2000 dated 17-5-2000 registered at Police Station City Raiwind under section 392, P.P.C. No one is named in this F.I.R. But on 9-6-2000 an application was submitted by the complainant of the said F.I.R. Through which all the four detenus were named as accused.
3. Learned Additional Advocate-General has entered appearance on Court's call. He after going through the report of the Bailiff, has suggested that stern action should be taken against the police officials, who are involved in this highhandedness, because the arrest of the detenus was never recorded in the Daily Diary and the story which has been concocted in defence appears to be afterthought.
4. I have heard learned counsel for the petitioner as well as learned Additional Advocate-General and learned counsel for the complainant in F.I.R. No. 147 of 2000. This is worst type of highhandedness committed by the police to the poor labourers who admittedly were coming from their job' and were going back to their houses after performing night duty. They were subjected to worst type of toture at the hands of the police without any H justification. No case was found registered against them and Moharrar Head Constable did not disclose any such case or their involvement in any other criminal case, before the Bailiff, which is sufficient to belie the story narrated by the police officers in their defence. Coming to the contents of F.I.R. I No. 147 of 2000, dated 17-5-2000, admittedly no one was initially named as an accused in that F.I.R. And through an application allegedly submitted on 9-6-2000 all the detenus were nominated as accused. From 9- 6-2000 uptill their arrest, no record has been produced by the police to show that during this period what efforts were made by them to procure the arrest of the accused and the complainant after having identified them also kept silent and did not help the police to get them arrested rather the police 311 along this period kept on waiting that when they (detenus) hand over themselves at police 'Nala' for arrest. Even the A.S.-I., who arrested the detenus from police 'Naka' was blank about the facts that the persons he is taken into custody are all nominated accused in case F.I.R. No. 147 of 2000 lodged at Police Station where he is posted. On Court question the police officials failed to reply that after submission of application by the complainant whether any raid was conducted at the house of the detenus or at their Mills where they were employed. This amply shows that had there been any such application with the police then their arrest should have been recorded in Daily Diary as they remained for full two days in the police lock-up that too without getting any remand from the competent authority. I have also noticed that before Bailiff, Moharrar on duty did not utter a single word about the involvement of the detenus in the abovesaid case.
5. In the light of above discussion, I have no hesitation to hold that the complainant in F.I.R. No. 147 of 2000 has become tool in the hands of police officials and the application obtained from him, is an afterthought just to save their own skin. It is a matter of regret and great concern that such--like incident has become the routine of the day and the police force which is supposed to be custodian of citizens' right and protect them from any untoward happening, has turned the police stations into torture cells. Courts cannot shut their eyes in such-like cases of highhandedness, therefore, S. S. P., Kasur is directed to hold inquiry and get a case registered against the officials found responsible for this highhandedness.
6. Copy of this order as well as copy of the petition alongwith the report of the Bailiff be also sent to the I.-G., Police, Punjab and D.I.-G., Police Punjab, Lahore Range, Lahore for initiating appropriate departmental proceedings/action against the delinquent police officials. The detenus shall also be at liberty to file complaint before the competent forum about their illegal detention, if so advised.
The Bailiff is directed to get the detenus medically examined by the Police Surgeon.
7. The action taken in the light of the above direction shall be intimated to this Court through the Deputy Registrar (Judicial)- within a fortnight after receipt of this order.
8. The detention of the detenus is declared to be as illegal and they are set at liberty.
9. With the observations/directions, this petition stands disposed of.
H.B.T./M-617/L