[7-2-2001]: Shaukat A.I petitioner has moved the instant habeas corpus petition stating that Muhammad Ramzan was detained illegally by the S.H.O., Police Station, Shahdara Moor, Lahore; consequently I directed the bailiff to recover the detenu and produce him in Court if the detention was illegal by submitting his report.
2. Report of the bailiff indicates that he raided the police station on 4-2-2001 at 5-10 p.m. And found the detenu Muhammad Ramzan in lock-up. On inquiry Moharrar told him that Muanwar, A.S.I. Was the person who could give details about the detention of Muhammad Ramzan. Munawar, A.S.-I.
When summoned took to his heels. Later on S. H. O./Inspector also slipped away on the pretext that he was going to hair dresser shop. However, the bailiff examined the record and neither found any case registered against the detenu nor there was any record indicating his production before the competent Court of law. On the other hand Muhammad Ranizan detenu complained that he is in incarceration since 31-1-2001 by Munawar, A.S.-I. Who took Rs.5,250 and also inflicted torture on him. The bailiff examined with naked eyes the torture marks which have been noted in his report.
3. In the first instance the Medico-Legal Surgeon is directed to examine the detenu Muhammad Ramzan and submit his medico-legal report to the bailiff, who shall take the detenu straight from the Court for medical examination. Medico-legal report shall be submitted to this Court on 8-2- 2001 on which date the respondents shall also be in attendance.
[8-2-2001]: In pursuance of this Court's order dated 7-2-2001 bailiff of the Court got the detenu Muhammad Ramzan examined by a Medico-Legal Surgeon who has found nine injuries on his person, some of them being on buttocks portraying usual mode of torture undertaken by the Police. The matter is extremely serious and requires forthwith attention.
2. There is no law which gives powers to the Police Officers/Officials to torture the under trial prisoners or detenu detained in an illegal and improper manner.
3. Having found the detention to be illegal report of the Medico-Legal Surgeon has added salt to the wounds. The torture reflected in the Medico---Legal Report could not have been committed by Munawar, A.S.I. Alone as the S.H.O., Police Station Shahdara, Lahore namely Muhammad Mansha is also equally responsible, therefore, I direct both of them to pay Rs.10,000 each as compensation to the detenu Muhammad Ramzan.
4. S. S. P. Lahore shall place both the S.H.O. And A.S.-I. Under suspension forthwith and shall get a case registered under section's 365/452 read with sections 337-F and 337-L(ii), P.P.C. Against them whereafter he shall ensure that the same is investigated by an officer of independent repute from the P.S.P. Cadre, Compliance report shall be submitted to the Deputy Registrar (J) of this Court within a fortnight. I have been told by the counsel appearing for the petitioner that the police officials visited the house of the detenu and extended threats that if he does not compromise the matter he shall be involved in false cases. S.S.P., Lahore shall ensure that no harm of any kind is caused to the petitioner.
5. Detenu appeared before me and stated that he has received the costs imposed upon the S.H.O.
And the A.S.-I.
6. Deputy Registrar (J) shall place the case before this Court after a fortnight and if compliance report of S.S.P., Lahore is received earlier file be put up for perusal soon thereafter.