' Through this petition the petitioner has called in question the order dated 10-7-2003 passed by the learned Sessions Judge, Rahimyar Khan whereby the petitioner was burdened with cost of Rs.5000 which was to be paid to Abdul Khaliq, A.S.-I.-respondent No.2.
2. The relevant facts leading to this petition are; that the petitioner filed an application under section 491, Cr.P.C. Stating therein that Muhammad Ahmad and Muhammad Saeed were being improperly detained by respondent. No.2 at Police Station Taranda Suwai Khan. A Bailiff of the Court was deputed and the detenus were produced before the Court. During the proceedings it transpired that the arrest of A the alleged detenus was duly mentioned in the case diary as well as in the daily diary and that the contents of application filed by the petitioner were not correct.
Therefore, while dismissing the application of the petitioner' the learned Judge passed the impugned order relating to special cost.
3. I have gone through the memorandum of this petition and have heard respondent No.2 as well as the learned counsel for the State. It has been noticed that it was duty of respondent No.2 to comply with the orders of the Court and to produce the detenus alongwith relevant record before the learned Court.
4. Admittedly the alleged detenus were not named in the F.I,R. And they were arrested in the case on the basis of supplementary statement of the complainant as is evident from the impugned order dated 10-7-2003. The supplementary statement was not recorded in the presence of the petitioner, so, he could never know that the detenus had been implicated. The liberty .Of a citizen is one of the most important ftmdamental rights and should be very jealously guarded. The police unfortunately enjoys the reputation of exceeding its powers. It is one of the functions of the Court to ensure that the police does not abuse its powers. Normally, Courts take notice of police excesses when a citizen/Faryadt knocks its door. In the existing circumstances in our country, it will not be in the interest of justice to close this door or to discourage a citizen to knock it. Thus, in the circumstances I allow this petition and the order dated 10-7-2003 relating to special costs is set aside.