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