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Criminal Miscellaneous Application No. 1074 of 1980, decided on 1stDecember, 1980.
----- S. 491-Habeas corpus--Station House Officer concerned denying allegation that he was detaining any of petitioners and filing affidavit in Court-Any other persons who might be holding custody of petitioners, not pointed out-Petition dismissed, in circum stances. ---[Habeas corpus].
Gohar Ali Baloch for Petitioners.
A. Sattar G. Shaikh, Addl. A.-G. for the State.
-We propose to dispose of both the Constitutional Petitions bearing No. 1074/1980 and No 1571/1980 by this Single order. We have heard Mr. Gohar Ali Baloch.
The brief facts are that four petitioners named in C. P. No. 1074/1980 and twelve Petitioners named in C. P. No. 1571/1980 claim to be the caste-fellows of one Rano. The said Rano is alleged to have shot dead a police constable, and it is, therefore alleged that there is hostility of the police force of Jacobabad District against the petitioners also. The main allegations in the Petitions are that the respondents, who are Police Officers, the District Magistrate, and the Province, had detained all the Petitioners in violation of law. The detention was alleged to have taken place at Kashmore police station, and we had, therefore, issued a notice to S. H. O. Muhammad Nawaz Malik of Kashmore Police Station, calling upon him to produce the detenu in this Court. The said Muhammad Nawaz Malik has appeared and stated before us orally that none of the detenu is in his custody, and that he does not even intend arrest any one of the detenu in any case. He has also filed a state ment in writing, and he has tiled an affidavit in each one of these two cases. In short, the Police Officer has denied the allegations in the Petitions that he was detaining any of the petitioners.
Mr. Gohar Ali Baloch contested such statement of respondent Muhammad Nawaz Malik, and urged before us that such statement was false. On the face of it, is a case of disputed facts. In any case, we are disinclined to believe that the Police Officer would come forward to make false statement in respect of detention of persons, specially when he is detaining them by stating that they are not to detention. Mr. Gohar Ali Baloch has not pointed out any other person, who may allegedly be holding the custody of the petitioners.
In these circumstances, Mr. Gohar Ali Baloch made a novel prayer that this Court should direct the S. H. O. Mohammad Nawaz Malik to register a case at their instance in regard to the abduction or detention of the detenu. To such extent it is open to the Petitioners, or, any one interested in them to go to the police station, and lodge a report, and should the Police Officer Incharge of the police station refuse to record such report, the petitioners will have a separate cause of action. In the present Petitions, however we cannot give a direction to S. H. O. Mohammad Nawaz Malik to register a case, because no such prayer has been made.
We see no substance in these petitioners, which we dismiss in limine.
Petition dismissed
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