' Facts of the case are that Mushtaq Hussain filed a petition for the recovery of Nadeem Iqbal, his nephew from the illegal custody of the respondents by stating therein that Nadeem Iqbal was taken into custody by Rai Munir Ahmad, S.-I. On 9-12-2000 at 12-00 noon alongwith 4/5 other subordinate Police Officers. It was also in the habeas corpus petition that the petitioner when approached respondent No,2, he demanded Rs,40,000 for release of Nadeem Iqbal, although no case was registered against him.
2. This petition came up for hearing before me on 12-12-2000 when a bailiff of this Court was deputed to recover the alleged detenu from the custody of the respondents and to produce him before this Court on 13-12-2000 with further direction to petitioner deposit Rs,1,000 as security. The bailiff proceeded/raided the police station, recovered the detenu and produced him before this Court on 13-12-2000. According to the report of the bailiff, Nadeem Iqbal the alleged detenu was found confined in the lockup of police station who on inquiry told the bailiff that he was arrested by Munir Ahmad, respondent No,2 on 9-12-2000 at 12-00 noon from the Petrol Pump and was not produced before any Court. The detenu also complained of physical torture on his body before the bailiff. The bailiff also stated in his report that Nadeem Iqbal was not nominated in the F.I.R. In which he was alleged to have been arrested by the police. In the Roznamcha also there was no mention of arrest of Nadeem Iqbal. The police file of case F.I.R. No,370 of 2000 was also not shown to the bailiff, on the pretex that the same was with Munir Ahmad, S.-I. The bailiff also checked the Roznamcha to ascertain whether the aforesaid Munir Ahmad, S.-I. Was away from police station in connection with investigation of any case but there was none. Since the arrest of Nadeem Iqbal was not shown to be recorded in the police station, the bailiff took him into custody, handed over to the petitioner with the direction to produce him before this Court on 13-12-2000.
3. On 13-12-2000 I recorded the statement of detenu Nadeem Iqbal on oath in which he stated that he was taken into custody on 9-12-2000 by Munir Ahmad S.-I. And was given severe beating and as such was unable to walk. Upon this, I directed the bailiff to produce Nadeem Iqbal before Deputy Medico-Legal Surgeon, Punjab for his medical examination. According to report of Dr. Muhammad Afzal, Medical Officer from the office of Surgeon Medico Legal Punjab, Lahore which was duly verified by Dr. Nadeem Ashrafi, posing himself to be Surgeon Medico-Legal Punjab when in fact he is Deputy Medico-Legal Surgeon there is no recent mark of physical violence seen on the body of Nadeem Iqbal at the time of examination.
4. When the case was taken up for hearing on 13-12-2000, learned counsel for the petitioner after going through the report submitted by Dr. Muhammad Afzal insisted that in fact Dr. Afzal has not even checked or removed the clothes of the detenu to give an opinion whether there was any mark of violence on his body or not, so in the interest of justice and to reach the truth for which purpose all the jurisdiction are meant, I directed the bailiff to produce Nadeem Iqbal before M.S. Mayo Hospital, Lahore with the direction to constitute a Medical Board, examine the person of Nadeem Iqbal and then to submit a report to this Court.
5. Today, report of the Special Medical Board consisting of Dr. Sadaqat Ali Khan, Associate Professor of Surgery, Dr. Abdul Hameed Rana, Additional Medical Superintendent, Dr. Saeed Ahmad, Assistant Professor of Forensic Medicine and Toxicology Department and Dr. Muhammad Naeem, Assistant Professor of Neurology, has been submitted according to which the following injuries were found on the person of Nadeem Iqbal:--
(1) Bruise reddish blue in colour present on front of left thigh 24 c.m. Above left knee measuring 5 x 9 c.m.
(2) Bruise reddish blue in colour measuring 4.5 c.m. x 11 c.m. Present on the front of left thigh lower part 9 c.m. Above the left knee.
(3) Bruise 4.5 x 8 c.m. Reddish blue in colour present on the front of outer aspect of right thigh 24 c.m. Above right knee.
(4) Bruise reddish blue in colour measuring 5.5. x 13 c.m. Present on front of right thigh 10 c.m: above right thigh 10 c.m. Above right knee.
(5) Bruise bluish brown in colour measuring 9 c.m. x 13 c.m. Present on the left buttock extending to upper back left thigh. Note.--- Front of both thighs are tender on palpation.
Opinion.--- The members of Special Medical Board are of the unanimously considered opinion that: ' "The injuries Nos.1-5 described above are caused by blunt means and are of variable duration ranging from 2-5 days and fall under section 337-L(2) of Qisas and Diyat Law."
It is very sad to note and in fact I am at pains to state that Dr. Muhammad Afzal, Medical Officer, Office of the Medico-Legal Surgeon Punjab has submitted an incorrect report either for some ulterior consideration or he is so inefficient that he cannot detect any mark of violence on the body of Nadeem Iqbal. Similarly, Nadeem Ashrafi, Deputy Medico-Legal Surgeon has blindly and without bothering as to the responsibility which the State has bestowed upon him, signed the medical report. Let both these doctors be summoned to appear before this Court tomorrow (15-12-2000) to explain their position as to what were the compelling circumstances under which they submitted a false report to this Court. It may be noted here, that the conduct of these doctors amounts to hamper the safe administration of criminal justice which is the utmost duty of the statutory functionaries to also impart to the public apart from the Courts of law. Further, legal action would be taken, if so warranted, after explanation of the doctors. Office to prepare a separate file in this regard.
' Now I would come to the detention of Nadeem Iqbal detenu. From the perusal of the report of the bailiff and the opinion given by the Board of Doctors giving the duration of injuries from 2-5 days and the statement made on oath by Nadeem Iqbal detenu before this Court, it is proved that the detenu was taken into custody on 9-12-2000 at 12-00 noon by Munir Ahmad, S.-I. Alongwith some other police officials. It has also been proved on record that Nadeem Iqbal detenu was given physical torture which I must state is not the function of police but the main object of its creation is to protect the honour, life and liberty of the citizen.
' Learned counsel for the complainant of the F.I.R. Submits that Nadeem Iqbal detenu is required in case F.I.R. No,370 of 2000 having been named by the complainant in the supplementary statement recorded on the same day which statement was corroborated by the statements of two other witnesses. Further submits that the detenu is not a student and there is sufficient material available on record to connect him with the commission of murder. Mr. Muhammad Farooq Bedar, Advocate representing S.H.O. Submits that the detenu did not name the S.H.O. In his statement and in fact he was away to attend some funeral and Rapat to the effect was made in the Roznamcha.
I do not find myself in agreement with the submissions made by learned counsel for the complainant as well as the S.H.O.-respondent. Prima facie it is proved on record that Nadeem Iqbal detenu was taken into custody on 9-12-2000 by Munir Ahmad, S.-I. He was never produced before any Magistrate and was given physical torture. Munir Ahmad, S.-I. Also demanded Rs.40,000 from the petitioner for the release of Nadeem Iqbal detenu. A case of illegal detention of physical torture and demand of illegal gratification as reported by the Board of Doctors is made out against Munir Ahmad, S.-I. He is taken into custody and the Incharge Guard, Lahore High Court, Lahore is directed to produce him before the S.S.P. Sialkot, who will get a criminal case registered against Munir Ahmad, S.-I. On the statement of Nadeem Iqbal detenu under the relevant provision of law. The Deputy Inspector-General of Police, Gujranwala would entrust the investigation of the case to be registered against Munir Ahmad, S.-I. To some gazetted and honest Police Officer not below the rank of D.S.P. Out of the District. Insofar as, conduct of S.H.O. Police Station, Sambrial is concerned, he too is equally responsible for atrocities committed by his subordinates on the person of Nadeem Iqbal detenu. The S.H.O. Being Incharge of the Police Station was under a legal obligation to see that no innocent person is detained in an illegal manner and put to physical torture in his police station. The S.S.P., Sialkot would suspend Muhammad Sarwar, S.-I./S.H.O., Police Station Sambrial and book him into the lines and he may also charge-sheet him under the rules for inefficiency and failing to control his subordinates.
' Insofar as, Nadeem Iqbal is concerned, he is allowed protective bail till 2-1-2001 in the sum of Rs.20,000 (twenty thousand) with one surety in the like amount to the satisfaction of Illaqa/Duty Magistrate.
' A copy of the petition filed by the petitioner, affidavits sworn by him, report of the bailiff, statement made by Nadeem Iqbal detenu before this Court on oath, report of the Board of Doctors and interim orders passed by this Court shall be provided to S.S.P., Sialkot so that he may become aware as to what is happening under his nose, though it is his own duty being a supervisory Police Officer to keep a watch on his subordinates. I am not satisfied that the police officials posted in Police Station Sambrial deserve to be posted in a police station. The S.S.P. Would ensure that a copy of the F.I.R. Registered on the statement of Nadeem Iqbal detenu is produced before this Court tomorrow.
' The Inspector-General of Police Punjab, will ensure that the investigation of case F.I.R. No.370 of 2000 registered with Police Station Sambrial is transferred to Punjab Crime Branch where the same will be conducted by an honest, gazetted Police Officer of the rank of S.P.
' With the above directions this petition stands disposed of and security amount of Rs.1,000 be returned to the petitioner.