“Moreover, we daily appoint Bailiffs in different petitions of
habeas corpus, for the recovery of the alleged detenus from
the custody of the police and though in the case of illegal
detention of any person by the police, Bailiff takes the
custody of the said person and releases him with the
direction to appear before the Court on the next date but
even then the Courts determine the question of legality of
detention of a person by the police and if it is established
that the detention of any person was illegal then orders of
imposition of fines, departmental actions and even
registration of FIRs are passed by the Courts against the
delinquent police officials, inspite of the fact that the detenu
had already been released from the custody. Reference in
this context may also be made to the cases of `Zafar Iqbal v.
The Province of Sindh and 2 others' (PLD 1973 Karachi
316) and A1i Ahmed v. Muhammad Yakoob Almani, Deputy
Suprintendent of Police, Qasimabad, Hyderabad and 5
others' (PLD 1999 Karachi 134).”
Lahore High Court
Writ Petition-Criminal proceedings-Detention/habeas
3739-19
2020 LHC 1
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