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Petitioner: RASHID KHAN VS Respondent: MIR QASIM, S.H.O. TO POLICE (A) DIVISION, MARDAN
1999 Y L R 2617
1999 Y L R 2617
[Peshawar]
Before Jawaid Nawaz Khan Gandapur, J
RASHID KHAN‑‑‑Petitioner
versus
MIR QASIM, S.H.O. TO POLICE (A) DIVISION, MARDAN and 2 others‑‑‑Respondents
Habeas Corpus Petition No. 19 of 1999, decided on 17th June, 1999.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S. 491‑‑‑Habeas corpus petition ‑‑‑Detenu was in unlawful custody of the S.H.O. when the Bailiff of High Court recovered him from the premises of the Police Station in the absence of said S.H.O. who had decided not to extend any help to the Bailiff in the recovery of the detenu‑‑‑Conduct of the S.H.O. was unbecoming of a Police Officer who had further manipulated the Daily Diary to correct his, record in all respects by removing and inverting pages in the Daily Diary kept in the Police Station and was guilty of tampering with the official record‑‑ Detenu produced in Court by the Bailiff was set at liberty in circumstances, with the direction to S.H.O. not to arrest him unless and until a proper case, if any, was registered against him in accordance with law.
Bashir Ahmad Khan Tangi for Petitioner.
Kh. Azhar Rashid,.Asstt. A.‑G. for Respondents Nos. l to 3.
ORDER
After having recorded the statements of Muhammad Ibrahim, Bailiff of this Court, Rashid Khan, petitioner, Khalid Khan brother of the petitioner, Fazal Ahmad, detenu/driver of the petitioner and S.I. Mir Qasim, S.H.O., Police Station A‑Division Mardan, on oath, I am convinced in my mind that the detenu was still in the illegal/unlawful custody of the concerned S.H.O. when the Bailiff of this Court raided the Police Station and recovered the detenu from the premises of the Police Station, in the absence. of the S.H.O., who had decided not to extend any help to the bailiff of this Court, in spite of the fact that he was duly informed by his subordinate staff that the bailiff of the High Court had arrived in the Police Station, with the orders of the appex Court of the province, regarding the recovery of the detenu. The least that can be said about the conduct of the S.H.O. is that it was unbecoming of a Police Officer, in the circumstances.
2. However, a perusal of the Daily Diary would show that the Sub‑Inspector, Mir Qasim, S.H.O., Police Station "A" Division Mardan, has managed/manipulated to correct/up‑date his record, in all respects, within a day by removing/inserting pages in the Daily Diary kept in the Police Station and is definitely guilty of tampering with the, official record.
3. Needless to mention that here in the Court, the S.H.O. begged the mercy of the Court and requested that no further action be taken against him as he is a poor man and have small children to feed. He undertook, on oath, to remain extremely careful in future.
4. In the circumstances I would not like to order the registration of a criminal case against him for tampering with the official record and/or to recommend to the Inspector- General of Police, N.‑W.F.P., Peshawar for his demotion in rank.
5. The detenu namely, Fazal Ahmad, who has been produced in the Court by the Bailiff/petitioner is accordingly set at liberty. He shall not be arrested by the concerned S.H.O. unless and until a proper case, if any, is registered against him, in accordance with law.
6. The learned counsel for the petitioner submits that this petition has achieved its objective and that, therefore, it may be dismissed as withdrawn.
7. Order accordingly
8. Before parting with the case I would however like to bring it on record that the Daily Diary kept by Sub‑Inspector Mir Qasim, S.H.O., Police Station A‑Division Mardan is not in a proper form. Lots of pages have been removed and new pages inserted. In other words the daily diary has been tampered with.
9. A copy of this order shall, therefore, be sent to the Deputy Inspector‑General of Police, Mardan (Mr. Zafarullah Khan) through registered post who shall depute an efficient Police Officer, not below the rank of a Deputy Superintendent of Police, to look, into the matter and submit his report to this Court, through the Deputy Inspector‑General of Police, Mardan, within one month i.e., on or before 17‑7‑1999.
10. The Additional Registrar (Judicial) shall then place the same before me for perusal.
N.H.Q./405/P
Order accordingly.