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Criminal Miscellaneous No. 154-H of 1981 , decided on 30th September, 1983.

---Ss. 491 & 497--Detention--Police detaining petitioner's two sons and her nephew--Police ,preparing false record with a view to justify their detention--Petitioner and detenus not wanting to take part in inquire against police it High Court--Allegations against police officials of serious nature and their conduct not appreciable---Senior Superintendent of Police directed to look into matter and proceed against them departmentally and register case against them in case sufficient evidence was available- Bail allowed to detenus confirmed.

M.R. Khalid for Petitioner.

Ch. Pervaiz Aftab and Tassaduq Hussain Jilani, A.A.-G. for Respondent.

Date of hearing: 30th September, 1983.

On 15-9-1981 Mst. Bavi alias Rehmat Bibi filed a petition under section 491, Cr.P.C. in this Court alleging that her sons Mushtaq, Ashraf and her nephew Aajiz had been illegally detained by the S.H:O. Police Station, Tulamba since 5th of September, 1981 in connection with the investigation of case F.I.R. No. 68, dated 2-5-1981 registered under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood Ordinance, 1979 against Rehmat, Muhammad Ali son of Nawaz Gul Sher alias Gullu son of Muhammad Ali and Diwan son of Lehna.

2. A bailiff of this Court was deputed to recover the afore-mentioned detenus and to produce them in Court on 16-9-1981. Safdar Ali bailiff of this Court visited Police Station Tulamba on 15-9-1981 at about 6-50 p.m. and found the afore-mentioned detenus in the police lock-up. He examined the daily diary and found that no entry regarding their arrest had been made. Abdul Jabbar, Moharrir Head Constable, who was present at the police station, informed him that he had no papers with him showing the arrest of the Afore- mentioned persons. After making necessary entry in the daily diary Sardar Ali bailiff brought the detenus with him and produced them in Court on 16-9-1981. In this report he stated that while he was recording his report Abdul Jabbar Head Constable snatched away the daily diary from him as he wanted to make some entry therein.

3. On 16-9-1981, Abdul Jabbar and Muhammad Bakhsh A.S.I. also appeared in Court, Muhammad Bakhsh A. S. I. stated that the detenus were arrested by him on 15-9-1981 at 10-00 a. m. while he was present at Kacha Khoh and that he had sent them in custody to the police station for being detained in the police lock-up. They were arrested by him in view of the statements made by Muhammad Siddiq and Muhammad Shafi during the investigation of the case F.I.R. No. 63 dated 6-5-1981 that the detenus mere seen by them alongwith absconding accused abductee and Mst. Sakina in a taxi on 8-9-1981 in Sialkot. As no entry had been made in the daily diary regarding the arrest of the detenus when the bailiff visited the police station on 15-9-1981 at 6-50 p.m., it was considered necessary to hold inquiry into matter as it appeared that the Ziminis showing the arrest of the detenus were recorded after the detenus were recovered from the police station by the bailiff of the Court. Statements of Abdul Jabbar, Moharrir Head Constable, Amir Bakhsh, S. I., S.H.0. Police Station, Tulamba and Nazar Hussain Reader to D.S.P. Khanewal were recorded. Police file pertaining to F.I.R. No. 63 dated 6-5-1981, daily diary of the police station and copies of the Ziminis dated 10-9-1981, 13-9-1981 and 15-9-1981 forwarded to the D.S.P., Khanewal were also examined.

4. The case was fixed for recording the statements of the petitioner and the detenus for today. The petitioner has stated that neither she nor detenus want to pursue the matter further and that inquiry proceedings may be dropped. It appears that the police officials have succeeded in persuading her to withdraw her petition. The allegations against the police officials are that they illegally detained petitioner's two sons and her nephew and that with a view to justifying their detention they prepared false record. As petitioner and detenus do not want to take part in inquiry for some reasons, it would not be worthwhile to continue it here in this Court. The allegations against the police officials are of serious nature and their conduct in the present case cannot be appreciated. From the inconsistent statements made by AmiA Bakhsh, S.I., it can be inferred that he has played an important role in the matter. It is, therefore, necessary that the Senior Superintendent of Police, Multan, himself should look into the matter. He should proceed against them departmentally and in case sufficient evidence is forthcoming; order the registration of a case against them.

5. In view of the facts noticed above, interim bail allowed to Ashraf and Aajiz detenus is confirmed.

6. Daily diary, copies of the Ziminis and the police record should be sent to the Senior Superintendent of Police, Multan, as the same may be required for him in the inquiry.

M. Y. H.

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