LAHORE, Oct 6: Justice Sheikh Abdur Rashid of the Lahore High Court on Thursday warned the police across Punjab against keeping people in unlawful detention, stressing that a district police officer would be held responsible if any case of illegal custody was reported.
Proceeding on a habeas corpus petition, the court observed that the incidence of keeping people in wrongful confinement was on the increase which showed that the police were not performing the duty within the parameters of law.
The court directed the DSP (legal) of Pasrur tehsil in Sialkot to initiate criminal proceedings against inspector Tauqeer Husain who, the court observed, devoted his energy in securing affidavits of the detenus in favour of five police officials rather than conducting investigation against his colleagues on the charges of illegally detaining 13 people.
A case of keeping 13 people in illegal confinement was registered against inspector Muhammad Raza Awan, sub-inspectors Mushtaq Ahmad and Khadim Husain, ASI Muhammad Anwar and head constable Muhammad Aslam of the Sabzpir police station on the complaint Mahmood Ahmad, who also moved the LHC in a habeas corpus petition seeking the recovery of the detenus.
The court appointed a bailiff, who reported that 12 of the detenus were found in the police lock-up and another, Muhammad Shaique, was missing.
According to the bailiff report, the police could not show the record of their arrest and no FIR was registered against any of them either. The SHO could not explain the reason for their detention except that seven of them were wanted in a case. But he failed to produce the record of the detenus’ nomination in an FIR.
The petitioner submitted that the police were not only keeping 13 people in unlawful custody, but they had also failed to investigate charges against five policemen contained in an FIR. The investigation official, inspector Tauqeer Husain, had been trying to obtain affidavits from the detenus to save the skin of the official nominated in the FIR.
The court observed that the report clearly showed that the police were violating the law and were involved in a mala fide act. Further hearing of the petition was adjourned till Oct 10.
The habeas corpus petition submitted that the Sialkot Saddar Circle DSP and the Sabzpir SHO raided the detenus’ house along with five or six constables and took 13 inmates away on the night of April 22.
According to the petition, none of the detenus was involved in a criminal offence nor were they shown warrants for arrest.
Contempt case: Justice Khwaja Mohammad Sharif of the Lahore High Court on Thursday accepted the apology of Jameel Babar, a police officer in the Chief Minister House, and withdrew a contempt of court notice against him.
Jameel Babar, who was assigned the job of providing security to certain government high-ups, was served a contempt of court notice last month when he reached the LHC judge’s home with an application that he should be pardoned in allegations contained in a writ petition against him.
The petitioner alleged that the police officer was exerting his official influence in securing the settlement of a dispute in the purchase of land in favour of his friend. The court issued notice to him and he reached the home of Justice Sharif.
The court accepted the contention of ignorance, which he had taken in his reply. The court adjourned further hearing in the main writ petition with a date in office.