Law:

Section:

MUHAMMAD AFZAL LONE, ACTG. CJ.--The facts are that polling for the election of the office-bearers of the Chamber of Commerce, Gujranwala was held on 5 - 3-1990 which ended in rowdism. Muhammad Abdullah son of Muhammad Hayat vide F.I.R. No. 130 of 1990 got a criminal case registered against appellant No. 2 and others, with the Police Station Model Town, Gujranwala on the allegations that they abused the complainant, threatened to kill him; assaulted Ch. Muhammad Aslam President Chamber of Commerce and others, forcibly took away one ballot box and disappeared in Vehicle No. GAE 8818. The appellants also approached the S.H.O., the respondent herein, to get a criminal case registered against the members of the rival party but instead of registration of a case, merely report No.15 dated 5-3-1990 was entered in the daily diary, a copy whereof is annexed to the writ petition as Annexure 'A'. Its contents as briefly reproduced in the body of the writ petition, are:--

"That the polling for election for the office-bearers of the Gujranwala Chamber of Commerce was in progress on 5-3-1990 in a peaceful atmosphere. The rival group apprehending their defeat in the said was contesting the said elections for a Member of the Executive Body of the Chamber of Commerce. The petitioners resisted the casting of bogus votes. Ch. Muhammad Aslam and Haji Muhammad Amin in the company of other accused trespassed into the polling booth. Ch.Muhammad Aslam lifted the ballot box and delivered to Haji Muhammad Amin for taking it alongwith them. On the protest of the petitioners Mian Liaqat, Mian Muhammad Saleem,former President Chamber of Commerce, and others resisting the act of said accused to take away the ballot box with them. Haji Muhammad Aslam, Haji Amin and Abdul Aziz threatened the petitioners to be killed. Wakeel Saeed pulled out his revolver and threatened to kill the person whosoever came in his way. Haji Muhammad Amin and Ch. Muhammad Aslam succeeded to place in their Suzuki vehicle No. GAE 49 the ballot box and drove away, on the protest of the petitioners and others, Ch. Muhammad Aslam, directed his companions to confine the petitioners in the room. Petitioner No.2 and Naeem were confined in a room and it was locked from outside. The petitioner No.2 and Naeem were released from the illegal detention on the intervention of Saif-ud-Din Bhatti and Mian Liaqat on the arrival of the Police."