This judgment shall decide W.Ps 2869 and 2870 of 2003 as common questions are involved. On 11.8.2003 Mst. Khalida, mother of the petitioner filed an application before the learned Sessions Judge, Rawalpindi, stating that her son (petitioner) is in illegal detention at Police Station Airport, Rawalpindi, since 5.8.2003. A bailiff was deputed vide order dated 11.8.2003 of a learned Duty A.S.J., Rawalpindi. On the same date the bailiff raided Police Station and reported to the learned A.S.J. that the detenu is illegally confined in the barracks of the said Police Station. The SHO was directed to produce the detenue in the Court on 12.8.2003. The report was accompanied by Report No, 9 dated 11.8.03 of the Roznamcha. On 12.8.2003 the case was taken up. Muhammad Ilyas, SI, appeared with said detenu. He produced a report, an FIR and zimni. The learned A.S.J. noted that these documents were not existing when the bailiff raided the Police Station. According to the report dated 11.8.2003 the detenu was standing on the Road having three T.Vs, one computer, two speakers and two sport Cycles at 6 a.m. Muhammad Farooq, Raja Farhad and Javaid Akthar told SI that the detenu was a suspect. He interrogated him and then took the said articles in possession under Section 550 Cr.P.C. and brought the detenu in Police Station. He was given in the custody of Ibarat Hussain, head constable, 1571 to trace out owners of the said articles. The learned A.S.J. noted that in the said report there is no mention of the visit of the bailiff, despite the entry made by the bailiff vide Report No, 8 on the same date. It was also noted that FIR No, 350 dated 11.2.2003 had been recorded at 2.50 p.m showing the arrest of the detenu and that he is to be produced before the learned Magistrate for judicial remand. A show-cause notice was issued to the said S.I as to why he kept detenue in illegal custody for the last 8 days without entering his arrest. The case was adjourned to 15.8.2003. On the said date the case was adjourned to 27.8.2003. On this date the matter came up before the learned Sessions Judge, Rawalpindi, who observed that quashment of FIR is not within his domain and closed the proceedings.
2. W.P. No, 2870/03 has been filed praying for quashment of FIR No, 350 dated 11.8.2003 while W.P.
No, 2869/2003 has been filed with similar prayer qua FIR No, 356 dated 16.8.2003 at Police Station Airport, District Rawalpindi, former under Sections 457, 380, 411 PPC while latter under Section 411 PPC.
3. Learned counsel for the petitioner contends that to be bailiff raided the Police Station at 1.40 p.m. on 11.8.2003 and found the petitioner locked in the constable barracks. He made the entry in the Roznamcha accordingly. Learned counsel argues that on their face, both the FIRs are mala 'fide and have been cooked up by S.I to save himself from the consequences of his illegal act. Learned A.A.G., on the other hand, find it rather difficult to defend the said action of Muhammad Ilyas, SI. The said police official reiterates that he found the petitioner standing on read side at 6 a.m. on 11.8.2003, with the said articles and some persons reported him to be suspect and consequently he took him in custody. Thereafter the owners of the said articles came to Police Station and identified the articles and consequently he registered the cases.
4. I have already noted above the background of the cases with reference to the proceedings undertaken by the learned Sessions Judge Rawalpindi, on the application filed by the mother of the petitioner on 11.8.2003. Now the S.I does not deny that the bailiff raided the police station at 1.40 p.m and made the entry of his visit in Report No, 8 on the said date. The said S.I has proceeded to fabricate the said FIRs at a point of time after the said event. He also cooked up Entry No, 26 which was found to be at a point of time later then the entry made by the bailiff by the learned Sessions Judge. He admitted before the bailiff that neither any case is registered against the petitioner nor is there entry in the Roznamcha about his arrest.
5. In view of the said circumstances apparent on the face of record I do find that both the said impugned FIRS are malafide and false and fabricated by the said Muhammad Ilyas, SI, to save his skin. Both the writ petitions are allowed and FIR No, 350 dated 11.8.2003 under Sections 457, 380, 411 PPC and FIR No, 356 dated 16.8.2003 under Section 411 PPC. Police Station Airport, District Rawalpindi, are quashed.