-Habeas petition--Fundamental rights and freedoms guaranteed by the Constitution--Bailiff of High Court was deputed to recover the detenue--ASI of the aforementioned Police Station that detenue was not arrested by them--Matter was brought to...............

 PLJ 2024 Cr.C. (Note) 200
[Lahore High Court, Multan Bench]
Present: Ali Zia Bajwa, J.
ZAHIR KHAN--Petitioner
versus
SHO--Respondent
Crl. Misc. No. 2285-H of 2024, decided on 29.3.2024.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 491--Constitution of Pakistan, 1973, Art. 9--Habeas petition--Fundamental rights and freedoms guaranteed by the Constitution--Bailiff of High Court was deputed to recover the detenue--ASI of the aforementioned Police Station that detenue was not arrested by them--Matter was brought to the notice of District Police Officer who after inquiring into the matter found that detenue was kept in illegal custody by ASI posted in the aforementioned police station--Detenue has been produced before the Court by Station House Officer. The detenue states that he was taken into custody by ASI and was kept in illegal detention on different places--A grave matter concerning the violation of fundamental human rights--The freedom from illegal detention stands paramount, enshrined under Article 9 of the Constitution--The act of keeping someone in illegal custody, without due process and authority, undermines the constitutional guarantees and poses a significant threat to the fabric of our society--Fundamental rights and freedoms guaranteed by the Constitution of Pakistan, 1973, District Police Officer, District Khanewal is hereby directed to immediately register a criminal case against the police officer involved for the act of illegal detention.       [Para 1, 2, 3, 4 & 5] A, B, C, D, E, F, G & H

Ch. Naveed Ahmad, Advocate for Petitioner.

Mr. Sanam Fareed Khan Baloch, Assistant Advocate General with Mehmood SHO and Syed Waqas Ali Bailiff.

Date of hearing: 29.3.2024.

Order

Bailiff of this Court was deputed to recover the detenu namely Gull Zaman, who visited the Police Station Thatha Sadiq Abad, District Khanewal, but could not find detenu there. It was informed by Azhar Hussain ASI of the aforementioned Police Station that detenu was not arrested by them.

2. Today, the petitioner agitated before the Court that Nasir Khan constable contacted him and demanded illegal gratification for release of the detenu. Matter was brought to the notice of District Police Officer, Khanewal through the Law Officer, who after inquiring into the matter found that detenu was kept in illegal custody by Farrukh Ameer ASI posted in the aforementioned Police Station. A written report has also been filed by Station House Officer, Police Station, Thatha Sadiq Abad, District Khanewal, which reflects that Farrukh Ameer ASI arrested the detenu namely Gull Khan on 28.03.2024 and kept him in illegal custody. He further states before the Court that detenu shall be recovered and released immediately. Later, the detenu namely Gull Zaman has been produced before the Court by Station House Officer. The detenu states that he was taken into custody by Farrukh Ameer ASI on 26.03.2024 and was kept in illegal detention on different places.

3. Upon careful consideration of the matter, it has come to the attention of this Court that a grave matter concerning the violation of fundamental human rights, as enshrined in the Constitution of Pakistan, has been brought forth. It is an undeniable principle of law, as well as a fundamental cornerstone of our democratic society, that every individual is entitled to the protection of their basic human rights. Among these sacrosanct rights, the freedom from illegal detention stands paramount, enshrined under Article 9 of the Constitution of Pakistan, ensuring the security of a person.

4. The police, as custodians of law and order, are bestowed with significant power under various laws, including the Police Order, 2002, and the Code of Criminal Procedure, 1898. However, with great power comes great responsibility. It is incumbent upon the police and other law enforcement agencies to exercise their powers fairly, with due regard for the rights of the citizens they are sworn to protect. The allegations presented in this case, suggesting that a police officer has been involved in the illegal detention of an individual, are of serious concern. Such actions, if proven true, not only contravene the explicit mandates of our Constitution but also undermine the very foundation of trust and respect upon which our law enforcement system is built. Illegal detention is a severe violation that impairs the dignity, freedom, and fundamental rights of the individual concerned. It is a direct affront to the rule of law and the principles of justice and equity that form the bedrock of our legal system. The act of keeping someone in illegal custody, without due process and authority, undermines the constitutional guarantees and poses a significant threat to the fabric of our society.

5. Therefore, considering the gravity of the allegations and the paramount importance of upholding the fundamental rights and freedoms guaranteed by the Constitution of Pakistan, 1973, the District Police Officer, District Khanewal is hereby directed to immediately register a criminal case against the police officer involved for the act of illegal detention of Gull Zaman Khan. A thorough and impartial investigation must be conducted into the matter, ensuring that all evidence is duly collected and assessed, in accordance with the law. In parallel to the criminal proceedings, departmental inquiry should also be initiated. It is imperative that accountability mechanisms are strictly enforced, ensuring that any and all violations of fundamental rights are addressed promptly and effectively, to uphold the integrity of our law enforcement agencies and the justice system at large.

6. This petition stands disposed of in the above terms.

(K.Q.B.)          Petition disposed of