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Petitioner: MUHAMMAD SIDDIQUE VS Respondent: THE STATEHonorable Justice Muhammad Munir KhanNawazish Ali Asadi
1988 M L D 1811
1988 M L D 1811
[Lahore]
Before Muhammad Munir Khan, J
MUHAMMAD SIDDIQUE‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No.26/B of 1988, decided on 24th January, 1988.
Criminal Procedure Code (V of 1898)--‑‑
‑‑‑S.491‑‑Habeas corpus‑‑Detenus produced before Court‑‑Allegations of torture by Police, supported by medical evidence‑‑S.H.O. directed to produce accused (detenus) immediately before Magistrate and send them to judicial lock‑up‑ Superintendent of Police also directed to get case registered against Police officials under intimation to High Court and an officer not below the rank of D.S.P. be deputed to investigate case.
Nawazish Ali Asadi for Petitioner.
ORDER
S.H.O C.I.A. Staff has produced Muhammad Suleman, Rehmat Ullah and Muhammad Islam the alleged detenus. He has also produced the reports of Surgeon Medico legal, Punjab dated 23‑1‑1988 with regard to the injuries found on the persons of Muhammad Suleman and Rehmat Ullah and Abdul Salam. The Medico‑legal reports support the complaint of the alleged detenus that they belaboured by the police the police.
2. I have examined the remand orders passed by Rao Tehseen MIC Kamalia. He granted physical remands of the alleged detenus to the police in violation of the direction given by this Court reported in N L R (Criminal) 39. He however assures to be careful in future.
3. Since physical remands of Abdul Salam has already expired and recoveries have been effected from Muhammad Suleman and Rehmat Ullah has repeatedly been interrogated by the police, therefore, in view of the allegations of torture against the police supported by the medical evidence, I direct the SHO to produce the three accused immediately before the MIC Kamalia who will send them to judicial lock up.
4. The copy of complaint Marked `A' alongwith Medico Legal Reports of the injuries of the detenus be forwarded to the S.P. Toba Tek Singh who will get the case registered against the police officials. He will send the copy of the F.I.R. to the Deputy Register (Judicial) of this Court within three days and will also depute responsible officer not below the rank of D.S.P. to investigate the case registered against the police officials. The petition is disposed of accordingly.
S.A./M‑575/L