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-------Art. 9‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11‑Police Rules, 1934, r. 25.2‑Allegation that after registration of case under S 11, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, Police had been raiding house of accused and his relatives for recovery of abductee and effecting arrest of accused and caused harassment and humiliation to accused's family in different ways‑Held, no doubt after registration of case, police was under a statutory obligation under r. 25.2, Police Rules, 1934 and Cr. P. C. to investigate matter but they could not act capriciously or whimsically‑Police are as much bound by law as any other person and if their actions were not warranted by law, such action could be declared as without lawful authority‑Police was directed to proceed strictly in accordance ‑with law and not to cause any harassment or humiliation to family of accused particularly their female members‑ High Court further observed that present order should not prevent police from proceeding with investigation and making efforts for recovery of abductee in accordance with law.

Asif Saeed Khan Khosa for Appellant.

This Constitutional petition under Article 9 of the Provisional Constitu tion Order, 1981 has been moved by Nadeem Manzar Malik petitioner for issuing a direction to the police to act strictly within bounds of law and not to transgress the limits of their authority.

2. The facts necessary for the disposal of this petition are that Badiuz Zaman respondent got a case registered under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 against Clement John and Malik Ashfaq brother of the petitioner for the abduction of his daughter Mst. Zanobia. It is alleged that after the registration of the said case the police had been raiding the house of the petitioner and his relatives for the recovery of Mst. Zanobia and for effecting the arrest of Malik Ashfaq Manzar and caused harassment and humiliation to the petitioner's family in different ways.

3. Masood Ahmad Inspector, Sabiwal has denied the allegations and states that the car belonging to the petitioner's mother was taken into posses sion by the police because the same was found to have been used during the commission of the offence and the matter regarding its superdari is sub judice in the Court of City Magistrate, Sahiwal. He has, however, admitted that the house of the relatives of Malik Ashfaq Manzar was raided for his arrest and recovery of the abductee. According to him the object of moving this petition is to overawe the police so that they may not effectively investigate the case.

No doubt after the registration of the case, the police is under a statutory obligation to investigate the matter but they cannot act capriciously or whimsically. They are as much bound by law as any other person and if their actions are not warranted by law they can be declared as without lawful authority. They derive their authority to investigate from the Criminal Procedure Code and the Police Act and Rules made thereunder. They are required to follow rule 25.2 of the Police Rules, 1934 which provides that no avoidable trouble shall be given to any person from whom enquiries are to be made and no person shall be unnecessarily detained and that it is the duty of Investigation Officer to find out the truth of the matter under investigation, his object shall be to discover the actual fact of the case and to arrest the real offender or offenders and shall not commit himself prematurely to any view of the facts for or against any person .

Masood Ahmad Inspector, C. I. A. Staff, Sahiwal is directed to proceed strictly in accordance with law and not to cause any harassment or humilia tion to the family of the petitioner particularly their female members. This order shall not, however, prevent the police from proceeding with the Investi gation and making efforts for the recovery of Mst Zanobia in accordance with law. The petition stands disposed of accordingly.

M. Z. M. Order accordingly.

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