Find a Lawyer

Criminal Miscellaneous No. 379-H of 1977, decided on 18th April, 1978.

-- S. 491-Habeas corpus-Police detaining detenu illegally, man handling and giving him merciless beating in respect of which medi co-legal report obtained-Superintendent of Police directed by High Court to register a case against police officer concerned and all others responsible for detaining and manhandling detenu and submit a report to High Court.

Q. M. Saleem for Petitioner.

Ch. Ghulam Murtaza for Respondents.

Date of hearing: 3^rd December, 1977.

Chakar son of Murad, a Muslim Sheikh, resident of Jatri Kohna, filed this petition under section 491, Cr. P.C., praying that a writ of habeas corpus be issued against Muhammad Bashir, A.S.I. and Faiz Khan Head Constable, C.I.A. Staff Sheikhupura, respondents Nos. 1 and 2, respectively, who had illegally detained his son Muhammad Yousuf. It was alleged that his brother-in-law, Muhammad Amir, was wanted by the police in several criminal cases; the C.I.A. Staff, Sheikhupura was alto after him.

On 19th June, 1977, Muhammad Bashir A.S.I. alongwith Faiz Khan, came to the petitioner's village. At that time, the petitioner along his two sons was working in a sugar-cane field. The two respondents in quired about Muhammad Amir from the petitioner who told them that he did not know the whereabouts of Muhammad Amir. The respondents then ordered the constables, who were also with them, to take away the two sons of the petitioner, namely, Muhammad Yousuf (20/21) and Muhammad Aslam (10/12). It is further alleged that two bullocks were also taken away by the police. Later on, after two days, Muhammad Aslam and the two bullocks were let off but Muhammad Yousuf was illegally detained.

According to the petitioner, his son was first taken to Police Station Khanqah Dogran, then to Chuharkana Police Station and thereafter to C.I.A. Headquarters, Sheikhupura. All this was done without even producing him before any Court of law for remand. According to the best of information of the petitioner his son had not been challaned for any criminal offence but was being detained as "ransom" for the production of Muhammad Amir.

2. This petition came up for hearing before Mr. Justice M.S.H. Qurashi; notice was issued to the respondents and a bailiff was also deputed to recover the detenu. The case came up for hearing on 5th July, 1977 and the report submitted by the bailiff was before the learned Judge according to which the detenu was not found in the C.I.A. Staff not was there any entry in the Roznamcha of the police. Statement of respondent No. 1 was recorded who stated that he had not detained Muhammad Yousuf nor he wanted him in any case. He further stated that Muhammad Amir was a proclaimed offender. This respondent was cross-examined by the learned counsel for the petitioner. During the cross -examination, learned counsel requested that Muhammad Yaqoob Sub --Inspector be summoned with the Zimnis from 17th June, 1977 to 29th June, 1977. He also requested the Inspector, C.I.A. Sheikhupura, to be also sent for. This request was allowed and both of them were summoned for 10th July, 1977.

On 10th July, 1977, when the case came before me the Inspector re quested that he may be given three days and he would do his level best to reduce the detenu. On 13th July, 1977, the petitioner submitted before me that the detenu has come back to his house. I directed him to produce the deteau on 17th July, 1977 and both the respondents were ordered to be present on that date.

On 17th July, 1977, a request was made by the learned counsel for the petitioner for the medical examination of the detenu. I myself noticed that he was not in a good shape because he could not even stand. The detenu wanted to show some of the injuries in his back. I, therefore, ordered that he should be medically examined by the Police Surgeon and the medical report should be placed on the record. The case was then adjourned to 31st July, 1977.

Medico-legal report of Muhammad Yousuf was placed on the record, according to which he bad the following injuries :-

(1) Swelling in area 3 cm. x 2 cm. above the left eye.

(2) Contusion mark 8 cm. x 2 cm. on the front of left arm, upper part.

(3) Contusion mark 6 cm. x 2 cm., x 3 cm. below injury No. 2.

(4) Contusion mark 5 cm. x 2 cm., on the outside of left arm just above left elbow.

(5) Four scars of contusion marks in area 2 cm. x 1 cm., 2 cm. x 1 cm., 2 cm. x 1 cm., 2 cm. x 1 cm., on the back of left elbow joint.

(6) Healed scar 1 cm x cm. on the back of left wrist.

(7) The left index finger is swollen, the nail is blue. On X-ray there is chip fracture.

(8) Two parallel healed contusion marks, 4 cm. x 2 cm., 3 cm. x 2 cm., 5 cm. below left nipple.

(9) 7 Contusion marks about healed on the right side of back.

(10) 4 contusion marks of various sizes on the left side of back.

(11) 12 contusion marks of various sizes on the left buttock.

(12) 10 contusion marks of various sizes on the left buttock.

(13) Contusion mark 7 cm. x 2 cm. on the outer side of left leg, lower part.

(14) Contusion mark 6 cm. x 2 cm. on the outside of left ankle with considerable swelling.

(15) Contusion mark 3 cm x l cm on the outer side of knee joint.

(16) Little finger of left hand is swollen and tender.

In view of the medico-legal report, learned counsel for the petitioner made a request for the registration of the case against the respondents but before that he requested that the detenu be examined.

In order to enable the respondents on engage a counsel the case was adjourned to 20th August, 1977. On 18th September, 1977 statement of Muhammad Yousuf was recorded in which he gave details as to how he was removed; where he was taken and what was done to him. He was also cross-examined by the learned counsel for the respondents.

4. I do not want to express any opinion about the statement of the detenu, but one thing is obvious and that is he was man-handled, illegally detained and given merciless beating by the respondents and others.

So far as Muhammad Bashir A. S.-I, is concerned, I do not think he needs to be proceeded against because the detenu categorically stated as finder: -

"about five yards from the gate of the police station there is a small mosque. In front of the mosque there is a keeker tree. Rope was lying near the tree. My hands were tied with that. I was made to sit on the ground and then Fiaz started giving me blow: with danda. S. I. Yaqoob also ordered Muhammad Bashir, A. S. I. to give me blows with the dang. He was reluctant and did his level best to avoid beating but at last as a last resort, under the pressure of Sub-Inspector, he gave me one or two stick blows."

In view of the above, I order the Superintendent of Police, Sheikhu-i pura, to register a case against Faiz Khan respondent No. 2 and all others who were responsible .for detaining and -manhandling Muhammad Yousuf. So far as Muhammad Bashir, A. S. I, is concerned he stands discharged.

After necessary action has been taken, the Superintendent of. Police should submit a report to the Registrar of this Court. The report when submitted be brought to any notice.

M. Y. H. Order accordingly.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.