1. ' Bailiff of this Court has produced the medico-legal report of Sajid detenu. Injuries have been found on his person and the duration given by the Board of Doctors is 4 to 7 days which coincide with the statement of both the detenus. S.H.O./Inspector present in Court is directed to record the statement of Muhammad Sadiq and Sajid. He will record the statement of Muhammad Sadiq under section 154 and that of Sajid under section 161, Cr. P. C.
2. At this stage learned counsel for the petitioner Mr. Nazir Ahmad Ghazi, submits that four persons were taken into custody including present two detenus. Two persons namely Mansab and Sher have been released by the Police Officers after getting illegal gratification, although their arrest was shown in the daily diary of the police station. Learned counsel for the petitioner submits that both of them are sitting in his chamber. I have asked him to summon/call the said persons for the recording of their statements in this regard.
2. ' This order will be read in continuation of order of even date passed in earlier part of the day. Both Sher Muhammad and Mansab have been produced and their statements have been recorded on separate sheets.
2. Before proceeding further, I would like to give brief resume of the case. Instant petition in the nature of habeas corpus was filed in this Court on 24-7-2000 for the recovery of Muhammad Sadiq and Sajid from the illegal confinement of respondents 3 and 4 namely, Aman Ullah, A.S.-I. And S.H.O.
3. Police Station Jhal Chakian District Sargodha. On the said date, a bailiff of this Court was deputed to recover the alleged detenus and to produce them in this Court today. Here I would like to highlight certain features of the bailiff's report. According to the report, he recorded his arrival in the daily diary of police station at 6-40 p.m. But surprisingly the. Last Rappat was Rappat No,13 recorded at 2 p.m. By Khan Junaid, A.S.-I. Whereas there was another Rappat bearing No,30 recorded at 7-30 p.m. On 24-7-2000 at the instance of Amanullah, A.S.-I. Wherein the arrest of four persons' was shown including the two detenus. According to report of the bailiff, names of the persons mentioned in Rappat No,30 were Sadiq, Sajid, Muhammad Sher and Baral but he could recover only two namely Sadiq and Sajid and on confrontation with Rappat No,30, the Moharrar could not give any explanation and there was no Rappat where they were. Report further reveals that when the bailiff recovered Sadiq and Sajid, the detenus, A.S.-I. Amanullah ran away and in spite of repeated requests of the bailiff to Moharir, Amanullah, A.S.-I. Was not produced. A perusal of the F.I.R. No,245 of 2000, dated 18-7-2000 registered under section 379, P.P.C. Read wan section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance VI of 1979 also revealed to the bailiff that the detenus were not named in the said F.I.R., the said F.I.R. Related to theft of a buffalo which took place four months prior thereto, Rappat No,30 with regard to arrest of the four detenus was also held to be doubtful, according to Rappat No,30, all the four persons who were arrested were not present in the police lock-up, on inquiry, the recovered detenus stated before the bailiff that six days before the raid of the bailiff, they were arrested by A.S.-I. Aman Ullah, with regard to arrest of Sher and Mansab, the recovered detenus namely Sadiq and Sajid told that Sher and Mansab were released after getting bribe.
4. ' A bare perusal of the report of the bailiff, the special features of which have been highlighted above shows that record of police station was tampered with, in one Rappat it was written that four persons were arrested while in the other Rappat it was stated that only two persons were arrested.
5. ' Muhammad Ashraf, Inspector, S.H.O. Present in Court submits that Sher and Mansab were let off as there was no evidence against them but both the other detenus namely Sadiq and Sajid were required in case F.I.R. No,245, dated 18-7-2000 registered with Police Station Jhal Chakian.
6. ' I have gone through the F.I.R. None of the detenus was named therein though their arrest was shown vide Rappat No,30 recorded at 7-30 p.m. On 24-7-2000. The bailiff was neither shown the case diaries of the case nor was given the copy of F.I.R. The statements of the witnesses recorded were also not shown to him while S.H.O. Present in Court submits that the bailiff has signed the index of the F.I.R. As per medico-legal reports submitted by Deputy Medico-Legal Surgeon Punjab on the person of Sajid, there are injuries. I have myself seen the injuries on the buttock of Sajid. He was given so severe beating that I was shocked. None of the detenus is involved in any case throughout his life. All the record has been tampered with by Amanullah, A.S.-I. Just to justify the illegal detention of the detenus. Sadiq, one of the detenus, have submitted an application in writing to the S.H.O. Present in Court which discloses commission of offence under sections 452/365/382/337-L(ii)/337-F(i)/161, P.P.C. Read with section 5 of the Prevention of Corruption Act, 1947. S.H.O. Is accordingly directed to register a case under the aforesaid sections of Pakistan Penal Code and produce a copy of the same before this Court tomorrow. It may be mentioned here that S.H.O. Present in Court has rebutted the allegations levelled by the detenus, rather submits that he is ready to face the inquiry if ordered.
7. ' After registration of F.I.R., S.H.O. Police Station Jhal Chakian will appear tomorrow before this Court from where he alongwith Aman Ullah, A.S.-I. Will be produced by the bailiff before the Inspector- General of Police Punjab who will get the case investigated from an S.P. Of known integrity of Punjab Crimes Branch and thereafter the law will take its own course.
8. A copy of the petition, report of the bailiff, copy of the medico-legal report, statements of the detenus who are four in number, the interim orders and the final order shall be sent to Inspector- General of Police Punjab within two days with a copy to the D.I.-G. Sargodha Range and the S.S.P.
9. Sargodha will also get the matter inquired into and if the Police Officers who have been named as accused by the detenus are found to be guilty, departmental action shall also be taken against them.
10. ' Till tomorrow (27-7-2000) Amanullah A.S.-I. Shall be detained in lock-up of Police Station Old Anarkali, Lahore.
11. ' Since according to report of the bailiff, writing of Rappats by Aman Ullah just to justify the arrest of the detenus after the raid of the bailiff to frustrate the order of this Court, release of two persons namely Sher and Mansaf after getting Rs,10,000 as illegal gratification by Amanullah, A.S.-I. And Inspector Muhammad Ashraf, S.H.O., clearly demonstrates misuse of official position and in a way a device to extract money from innocent persons, therefore, both the detenus namely Sadiq and Sajid are set at liberty. They are free to go wherever they like. This petition stands disposed of with the above directions. Security of Rs,1,000 be returned to the petitioner.
12. Order accodingly.