LHC orders inquiry against cops over illegal custody
Lahore High Court (LHC) has ordered an inquiry against some police officials for keeping in illegal custody a person not nominated in any FIR.
“In the circumstances, mala fides on the part of the police and possibility of abuse of powers by them cannot be ruled out. The respondent DPO shall hold an inquiry and submit report to this court through the deputy registrar (judicial),” LHC Justice Tariq Saleem Sheikh stated in the judgment wherein the detained person was granted bail.
The petitioner had sought the recovery of his son Muhammad Adeel from the alleged illegal custody of the SHO of Safdarabad police station in Sheikhupura district.
The court deputed a bailiff who produced the detained man and submitted his report.
According to the bailiff, he raided the police station on January 20 and found Muhammad Adeel confined in the lockup. On query, he told the official that Manawala police had arrested him from his shop on January 11, kept him for a day and then shifted him to Safdarabad police station.
Adeel said the police had not produced him before any court and also complained of torture.
The bailiff stated that when he confronted the Moharrar, Nazim Ghaffar, he said Adeel had been arrested one and a half hour earlier over an FIR registered on January 14 under Section 392 of PPC and would be produced before the magistrate in due course.
The bailiff checked the daily diary but there was no entry regarding the arrest.
Adeel was also not nominated in the FIR.
Inspector Akram and ASI Asghar, who appeared before the court, claimed that Adeel was arrested in case No. 22/21 on January 14 but they did not deny that it was not recorded.
The judge granted the detained man baill subject to furnishing a bond of Rs100,000 with one surety of the same amount.
Published in The Express Tribune, September 2nd, 2021.