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Criminal Miscellaneous No. 160/H of 1986, decided on 19th April, 1986.

‑‑‑S. 491‑‑Habeas corpus‑‑Illegal detention ‑‑Detenu recovered from police station by bailiff of Court‑‑No entry in any Register about detenu made‑‑No case was registered against detenu‑‑Detention, held, was not called for unless some case had formally been registered against detenu and there was no justification at all for detaining person even if some application had been received against him‑‑Detenu was, therefore, set at liberty.

Zafar Pasha Chaudhry for Petitioner.

Respondent in person.

This habeas corpus petition was entertained under the orders of the Honourable Chief Justice. An allegation was made by the petitioner that the police were illegally detaining Imtiaz Haider Sherazi (19). On the request of the petitioner a bailiff was deputed for the recovery of the alleged detenu and his production before the Court. Saeed‑ud‑Din Bailiff has executed the orders and has submitted a detailed report Exh.P.A. According to him he had visited Police Station, Secretariat, Islamabad on 14‑4‑1986 at 9‑00 p.m. and found the alleged detenu present there. The S.H.O. was not present there at that time. He came there shortly afterwards and stated that he received an application from S.S.P., Islamabad on 1‑4‑1986 for inquiry against the alleged detenu and his father regarding embezzlement and misappropriation of money. The alleged detenu had told him that he had been arrested by the Secretariat, Police, Islamabad from the music centre, Pasroor on 6‑4‑1986 and since then was in their custody. He, however, stated that he had not been maltreated. According to the bailiff there was no entry in any register or record of Police Station, Secretariat Islamabad about the alleged detenu.

2. The S.H.O., states that the alleged detenu had been brought to the police station on the same day i. e. 14‑4‑1986 at 8‑00 p. m. from the shrine of Hazrat Imam Bari Sahib and it is incorrect to say that he had been illegally kept at the police station since 5‑4‑1986.

3. Learned counsel for the petitioner submits that the fact that the petition had been filed on 12‑4‑1986 is sufficient to belie the statement of S.H.O. that he had apprehended the alleged detenu just an hour before the arrival of the bailiff in the police station. The alleged detenu who is also present before the Court states that he had been arrested on 5‑4‑1986 and had been kept at P.S. Secretariat, Islamabad till his recovery by the bailiff.

4. The S. H.O. was asked to satisfy the Court that he could arrest or detain any person at the police station without the formal registration of any case against him but he has not been able to satisfy me on this point. He states that he had not arrested or detained the alleged detenu but had brought him to the police station just for making an inquiry into the application received against him on 1‑4‑1986 which is mentioned in the daily diary.

5. I have heard the learned counsel for the petitioner and the S.H.O. concerned. I am of the view that there was no justification at all for detaining Imtiaz Haider Sherazi in the police station. Even if some application had been received against the alleged detenu his H detention was not called for unless a case had been formally registered against him. Since no case stands registered against the alleged detenu till date I grant the petition and set him at liberty.

The Inspector‑General Police, Islamabad is directed to take a suitable action against the S.H.O. concerned for wrongfully detaining Imtiaz Haider Sherazi in the police station.

Security be refunded to the petitioner.

S.A. Petition accepted.

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