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Criminal Miscellaneous No. 484‑H of 1985, decided on 3^rd November, 1985.

‑‑‑S. 491‑‑Habeas corpus petition‑‑Bailiff deputed by High Court failing to recover detenu‑‑Police Officer denying to have detained detenu but refusing to accept challenge of petitioner of taking oath in support of his claim‑‑Police Officer ordered to search out detenu and to produce him in Court on next date of hearing‑‑On next date of hearing Police Officer submitting that detenu was arrested two days earlier its a murder case‑‑Statement of detenu showing that he had been in illegal detention for 18/19 days and maltreated during said period‑‑No further action, held, was called for in habeas corpus petition‑‑Concerned Superintendent off Police, however, was directed to hold inquire regarding allegation of detenu and to take legal action against concerned police officials if allegation was found to be true.

Khawaja Sultan Ahmed and Kh. Muhammad Sharif for Petitioner.

This is a petition under section 451, Cr.P.C. by Asghar Eli Khan, Advocate, petitioner, for the recovery of his brother Muhammad Aslam Khan, detenu, from the illegal custody of Shahid Farooq, Inspector, Police Station Mange Mandi, respondent No. 1, and others.

2. By order of this Court, dated 29‑10‑1985, a Bailiff of this Court was directed to recover detenu and to produce him in Court, but the Bailiff could not recover the detenu. At the last hearing on 30‑10‑1985, the S.H.O. Police Station Mange Mandi, who was present, submitted that he had not detained the detenu at all, but he was wanted for questioning in a criminal case registered, vide F.I.R. No. 119, dated 11‑10‑1985 by one Muhammad Khan in respect of the murder of his cousin Nasrullah, deceased. On behalf of the petitioner it was submitted that the S.H.O. Police Station Mange Mandi, had himself permitted Asghar Ali Khan, petitioner, the brother of the detenu, three times to meet the detenu in the police station and that the said detenu was still being detained by the said Police Officer. It was submitted that the petitioner was prepared to make a statement on oath to this effect and that if the S.H.O., Police Station Mange Mandi, was prepared to take oath to the contrary, the petitioner was prepared to withdraw the petition. The S.H.O., however, was not prepared to take the oath as he submitted that he was not in the habit of doing so. However, without prejudice to case of either party, I directed the S.H.O, Police Station Mange Mandi, to search out the detenu from whatever place he may be and to produce him in Court on 3‑11‑1985. Today, the said Police Officer, who is present, submits that the detenu was arrested on 1‑11‑1985, as stated above.

3. The statement of Muhammad Aslam Khan, detenu, has been recorded, from which reasonable grounds appear to show that he has been in illegal detention for the last 18/19 days and maltreated during that period: Without an inquiry, definite opinion in that behalf cannot be recorded.

4. So far as this petition is concerned, no further action is called for, which 'stands disposed of accordingly. However in view of what transpired at the last hearing and the statement made by Muhammad Adam Khan, detenu. I hereby direct the Superintendent of Police. City Lahore, to hold an inquiry in order to determine whether Muhammad Aslam Khan, detenu was held in illegal custody and maltreated by the police personnel of Police Station Mange Mandi and, if so, to take legal action against them as provided by law. Copy of the report should be submitted to this Court.

5. The security deposited by the petitioner shall be refunded to, him personally on his proper identification.

H. A. K. Order accordingly.

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