| Citation(s) |
|---|
| 1993 SLG 2119 1993 SLD 2119 = 1993 PLD 735 |
Const. Petitions Nos. D-1164, D-11M of 1991, C.P. No. D-1497, Cr. Miscellaneous Applications Nos352 and 353 of 1990, decided on 1st April, 1993.
Nasir Aslarn Zahid, CJ. and Shoukat Hussain Zubedi, J
MUHAMMAD SADIQ UMRANI ---Petitioner
VERSUS
GOVERNMENT OF SINDH through Chief Secretary, Government of sindh, Karachi and 3 others --- Respondents
Law:
Section:
SHOUKAT HUSSAIN ZUBEDI, J. ---As common questions of law are involved in all thew matters, the same are being disposed of by this consolidated judgment
2. Petitioner Muhammad Nadiq Umrani in Cp. No d- 1164 of 1991 and petitioner Shahnawaz Shani in C.P. No.D-IM of 1991 have alleged that they were wrested by the law enforcing agencies on 28-9-1990 and 13-9-1990 respectively. Thereafter, they were never produced before any Magistrate as neither any remand was obtained to regulate, their custody nor any case was registered against them at the time of their arrest. The petitioners have further alleged that they were in illegal custody of the law enforcing agencies where they were tortured and severely beaten in order to obtain their confessions and, on 17-101990, the then SDM Eidgah, Mr. Zamir A14 was called by the Army personnel at, their Headquarters where the judicial confessions of both the petitioners wire obtained under duress. Subsequently, on 31-101990, the custody of the petitioners was handed over by the law enforcing agency to the local police. The custody was taken by Sub-Inspector Gul Salam Khan of Special Investigation Cell, Eam, Karachi after executing handing over and taking over documents. On 1-11-1990, the petitioners were formally arrested by the police under a Mashirnama of arrest, and, on the same day, S.I. Gul Salam Khan lodged a report against the petitioners and others, being F.I.R. Crime No.456 of 1990 at P.S. Jamshed quarters for offences under sections 121, 121-A, 122, P.P.C. read with section 13 of the Prevention of Anti-National Activities Act, 1974. The said *F.I.R. is reproduced as under:--