' Dilawar Khan and Munawar Khan detenus having been recovered by the bailiff have been produced in Court. The bailiff has reported that the detenus were found kept in the police lock-up.
The A.S.P. And the S.H.O. Of the concerned police station state that the detenus were brought to the police station in connection with the investigation of a case F.I.R. No,105, dated 8-7-2000 registered under section 457/380 read with section 14 of the Offence Against Property (Enforcement of Hudood) Ordinance, 1979 at Police Station Kallar Syedan.
2. The learned A.A.-G. On instructions from the S.H.O. And the A.S.P. States that earlier the detenus having been taken into custody as accused in the said case were got discharged but later the case was entrusted to the A.S.P. For re-investigation and, therefore, the detenus being required by the police were brought to the police station. However, the A.S.P. States that he was not aware of the confinement of the detenus in the police lockup. The S.H.O. Also having shown ignorance about this state of affair stated that the detenus were kept in the police lock-up by the Moharrir of the police station.
2-A. Admittedly, the detenus were neither arrested as accused nor they were produced before any Magistrate and were being kept in the police lockup in an illegal manner. The learned counsel for the petitioner submits that the detenus were in the police lock-up for the last five days. The -police officials present in Court have not been able to rebut this fact on record instead conceded the illegal confinement of the detenus in the police lock-up and thus, S.H.O. As well as the Moharrir of the police station having immediate physical custody of detenus have committed a criminal offence. The detenus also complained against the S.H.O. Of physical torture and sustaining of injuries during police custody.
3. I, therefore, direct Senior Superintendent of Police, Rawalpindi, to register a case against the S.H.O.
And the Moharrir of the police station being responsible for keeping the detenus in illegal custody in police lock-up for causing torture to them and additionally, he will also proceed against them departmentally for misuse of powers and misconduct. The detenus are set at liberty forthwith, who shall appear before the Medical Superintendent, D.H.Q. Hospital, Rawalpindi, for their medical examination and the report shall be sent to the S.S.P. By the M.S. Of D.H.Q. Hospital Rawalpindi. The S.S.P. Shall submit compliance report to the Additional Registrar of this Court within ten days. This petition with the above direction stands disposed of.