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Criminal Miscellaneous No.158-H of 1987, decided on 13th April, 1987.

---S.491--Habeas corpus--Detenus were held up at police station when taken into custody by bailiff of Court--No report existing in Roznamcha of police Station about arrest--Held, detenus were kept unlawfully at police Station--Inspector-Genera-f of Police directed to look into the matter and take necessary action against concerned police officers who might be found guilty in respect of unlawful detention of detenus.

---S.497/498--Penal Code (XLV of 1860), S.379--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14--Bail, grant of--Case registered against accused under 5.379, Penal Code, and S.14 of Ordinance VI of 1979--Earlier, accused found detained in police station without any report entered in Roznamcha and had to be recovered through bailiff of Court--Accused demanded bail after recovery--Bail granted to accused in circumstances.

Nisar Ahmad Butt for Petitioner.

Respondents in person.

Date of hearing: 13th April, 1987.

This is a petition under section 491 Cr.P.C. by Mir Muhammad Shabbir, petitioner, for the recovery of Naeem Haider, Shahid Iqbal and Mir Babar Ali Butt, detenus, from the illegal custody of Aslam Khan, DSP, Ichhra Circle, Lahore, and two others, respondents Nos. 1 to 3.

2. Pursuant to the order of this Court dated 12-4-1987," Mr. Muhammad Akbar, Bailiff, has recovered Naeem Haider, Shahid Iqbal and Mir Babar Ali Butt, detenus, from Police Station Ichhra and has produced them in Court. According to the report of the Bailiff, all the three detenus were found confined in the police lock up. On inquiry, the detenus told the Bailiff that they were brought from Venus Cinema near Chouburji Chowk, Lahore, to Ichhra Police Station on 8-4-1987 by the police and since then they had been detained in the said Police Station and not produced before any Court. The report also shows that the Bailiff checked the Roznamcha from 8-4-1987 to 12-4-1987 but found no entry to show the arrest of the said detenus. The report also shows that when the Bailiff enquired from Ilyas Khan, SI/SHO, Police Station Ichhra, about how the detenus had been detained, the said Police Officer could not show him any record, but only stated that on 12-4-1987 the alleged detenus had been arrested under section 54 Cr.P.C. in case FIR No.113 dated 8-4-1987 registered under section 379 Cr.P.C. and section 14 of the Hudood Ordinance VI of 1979, but no entry since then had been made in the Roznamcha in that respect.

3. Mr. Riaz Hashmat, DSP, Traffic, respondent No.3, who is present in Court, admits that while checking the traffic near Venus Cinema towards Chauburji Chowk he had checked the three detenus, who were in a car, but had not apprehended them and they had been allowed to go thereafter. He submits that he does not know anything of their detention. Ilyas Khan, SI/SHO, Police Station Ichhra, who is present in court, submits that he had arrested the three detenus on 12-4-1987 at 12.30 noon and had sent them to the Police Station in the custody of an Assistant Sub Inspector of Police and some constables. He submits that he had taken them into custody in respect of the case FIR No.113 registered on 8-4-1987 under section 379 PPC and section 14 of the Hudood Ordinance VI of 1979. 11 submits that he had just reached the Police Station before the Bailiff, had reached-the same and had informed the Bailiff that he had arrest the detenus under section 54 Cr.P.C. in respect of the said case FIR No. 113/87.

4. I am not satisfied at all with the stand taken up by the Police Officers in this Court. The three detenus apparently have been detained unlawfully. Right upto the time that the said detenus were taken into custody by the Bailiff, there was no report in the Roznamcha at all about their arrest. It is, therefore, apparent that the said three detenus were being held unlawfully in the said Police Station. In these circumstances, this petition has borne fruit and is disposed of accordingly.

5. The Police Officer submits that he wants to arrest the three detenus in respect of the case FIR No.113 of 8-4-1987. The Officer, however, admits that presently, he has no evidence to show that the detenus have stolen the car recovered from them.

6. As already stated above, the three detenus were held in unlaw ful custody by the Police. I would hereby direct the Inspector-General of Police, Punjab, Lahore, to kindly look into this matter and to take necessary action against the Police Officers who may be found guilty in respect of the unlawful detention of the three alleged detenus in the case.

7. Bail is demanded at this stage on behalf of the detenus.

8. I hereby allow bail to Naeem Haider, Shahid Iqbal and Mir Babar Ali Butt, detenus, in the sum of Rupees Twenty Thousand (Rs.20,000) each with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court in respect of the case FIR No.113 registered at Police Station Ichhra on d-1-1987 under section 379 PPC and section 14 of the Hudood Ordinance V I of 1979.

9. Security deposited by the petitioner will be refunded to him on his proper identification.

10. Copy dasti on payment of usual charges.

11. A copy of this order shall be sent to the Inspector General of Police, Punjab, Lahore, for information and necessary action.

M.Y.H./M-411/L Order accordingly.

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