Find a Lawyer

Criminal Miscellaneous No. 494-H of 1986, decided on 10th November, 1986.

--S. 491--Habeas corpus--Detenu found in police station in fetters- Respondent not in position to justify arrest--No case registered against detenu--No evidence to show involvement of detenu in case registered against his son--No remand of accused obtained--Investigation, held, was being carried out dishonestly--Police Authority directed to transfer investigation to some efficient Police Officer--Conduct and manner of investigation to secure attendance of persons wanted by Police by humiliating and torturing their relations, strongly deprecated.

Rana Abdullah Khalid for Petitioner.

Muhammad Hanif Khatana for the Complainant.

Malik Shamim detenu in person.

The report of the bailiff has been perused. According to the report of the bailiff, the detenu was in the police station in fetters. The respondent, police officer was not able to prove any evidence or to justify the arrest or detention of Malik Shammun. Let the statement of Malik Shammun be recorded.

The respondent Bashir, S.I./S.H.O. submits, that in fact he was about to arrest the detenu, when the bailiff arrived and, therefore, in obedience to the orders of this Court, he did not arrest Malik Shammun the detenu. The S.I/S.H.O. further submits that he had ample proof of the commission /involvement of Malik Shammun in the ease registered against his son and two others, under section 14 of I Hudood Ordinance, vide F.I.R. No. 100 of 1986 Police Station Shah Gharib. I have perused the police file of the said case. In the F.I.R. the complainant specifically named three persons, who are alleged to have snatched the revolver from the complainant. One of the three culprits is son of Malik Shammun namely Rafaqat Ali. The perusal of the police file reveals, that a fake and a half-hearted attempt was made to implicate Malik Shammun falsely in this case. It is regrettable to note the conduct and the manner of investigation, being carried out by the police department. Such like matters are now being experienced by this Court as a matter of routine and as common feature, in which the investigator sadistically tortures the kith and kins of the persons wanted by them. I am thus, constrained to observe, that the police department is being reduced into an apparatus of torture, which is adding to the miseries of the people. In a civilised society being run on the principle enunciated by Islam, the organization of police has also to serve as a welfare agency, which should be out to come to the rescue of the downtrodden people.

2. I am at pains to know, as to when the authorities would take stock of things after awakening, from their slumber, so that once for all the archaic mode of investigation is done away with in which for securing the attendance of the persons wanted by the police their relations are humiliated and tortured by the police.

3. It is high time for the police department to know that the society is changing swiftly, the equilibrium of the values is also undergoing through a rapid change, and if the police department does not keep pace with time it will not be able to detect and check the crime in the society. Main emphasis in this behalf is to be placed upon the restraint to be exercised upon the use of "Raw Power" and re-orientation with regards to its use, otherwise the balance cannot be stuck in the society, I would thus draw the attention of Inspector-General, Punjab to look into this matter personally with a view to fix anal re-adjust the priorities in his department.

4. As far as the merits of this case are concerned, I am convinced that the investigation in this case is being carried out dishonestly. On the one hand, Bashir Ahmed S.I./S.H.O. failed to obtain the remand of the accused, and on the other hand he is trying his utmost to arrest Malik Shammun detenu, though he has not been named in the' F.I.R. as one of the assailants who had snatched the revolver from the complainant. In this view of the matter S.P. Sialkot is directed to transfer the investigation of this case to some other efficient police officer, who can investigate the case without torturing the people. As far as the action against the S. H .O. is concerned, I would leave the matter to the Inspector-General, Police, who shall inform this Court about the course of action adopted by him.

With these observations, this petition is disposed of and Malik Shammun is set at liberty.

S. A. Petition accepted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.