LAHORE: The Lahore High Court held that no arrest could be made on suspicion or belief or clue or reliable sources that the accused is involved in the occurrence as these terms cannot be taken as legal evidence.
The court disposed of a habeas corpus petition of Rashida Bibi filed for recovery of her brother Kamran from the illegal custody of Lodhran police and observed that the arrest can be made only if any corroborative and convincing evidence is available against the accused.
The court held that no police officer shall conduct the investigation of any case at his own until and unless investigation is entrusted to him by the competent authority with written order.
The court observed that investigation entrusted to any Investigating Officer (IO) shall be entered in roznamcha (register) and case diary of the police station.
The court observed that an IO seeking remand should briefly describe the evidence against the accused in the remand applications and the city magistrates shall apply their judicial minds for grant of physical or judicial remand.
The court directed that in future remand application shall be prepared in the light of Police Rules, 1934, as well as time of arrest of accused must be mentioned therein.
The court observed that in case of failure, the magistrate concerned, should refuse to entertain the remand application. The court directed the office to send a copy of the court’s order to all the Sessions judges, Inspector General of Police, Director General, Federal Investigation Agency, Islamabad, Director General, Anti-Corruption Establishment Punjab, all regional police officers and district police officers for the compliance of the court’s order.
The court said the detenu Kamran was illegally detained by SI Muhammad Saleem, SI Muhammad Farooq and ASI Iqbal Hussain as there is no evidence which could connect him with the commission of crime.
The court observed that after going through the evidence on files of the FIRs, it divulges that neither any reasonable complaint has been made nor credible information has been received and no reasonable suspicion exists against detenu Kamran to justify his arrest and added that there was no sufficient evidence against the detenu for causing his arrest in the three cases.
The court, therefore, discharged the detenu Kamran in all the three cases registered against him with city police station Lodhran and set aside physical remand granted by duty magistrates Dunyapur obtained by the police officials preparing forge documents.
The court also observed that both the judicial magistrates while granting physical remands in the cases have not applied their judicial mind sagaciously. The court, therefore, warned the judicial magistrates to remain careful in future.
The court had deputed a bailiff for recovery of alleged detenu and his production before it. According to the bailiff’s report, detenu Kamran informed him that he was arrested eight days ago and up till now he has not been produced before any court of law.
On demanding, the police file was not handed over to him, however, moharrar (reader of PS) said police station informed that detenu Kamran is also required in two other cases and today he will be produced before the court for the remand.
The district police officer, Lodhran, appeared before the court and straightaway apprised that he is unable to defend the illegal acts of his subordinates and told that he has already issued show-cause notices to them.
The court, therefore, directed the district police officer Lodhran to get register an FIR against the delinquent police officials on the application of detenue Kamran in accordance with the law under intimation to the Deputy Registrar (Judicial) of this court.
Copyright Business Recorder, 2023
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