Law: Criminal Procedure Code (V of 1898)

Section: 491, 561-A

 Criminal Procedure Code (V of 1898) Ss. 491 & 561-A---Inherent power of High Court---Illegal detention---Habeas corpus---Imposition of custom police officials---On a surprise visit, the Judicial Magistrate found illegal detention of two persons in a police station---On the report, submitted by the Judicial Magistrate, the Trial Court imposed costs of Rs. 10,000 each on SHO and other officials of the police station---Validity---In the present case, facts, circumstances, the statements of the delinquent and the reports showed that without a, doubt the two persons were being detained at the police station, without any entry either registered under S.154,Cr.P.C., or in the Station Diary of the said police station, hence without any legal justification---Nothing was brought on record to show that said two detainees were involved in any case or any investigation was pending against them---Fact of recovery of two persons under illegal confinement from the same police station clearly pointed out towards the state of affairs at the said police station, which was being used as a detention center for illegal confinement of these citizens, for whose protection the said police station was actually established---Illegal confinement of a citizen impinged upon his personal liberty and fundamental rights guaranteed under the Constitution of Pakistan, especially when such act was conducted by those who were appointed and duty bound to ensure and protect the life and liberty of the detainees---In the present case, the Trial Court took a very lenient view by imposing costs of Rs. 10,000/- each, thus, no illegality could be pointed out in the order passed by the Trial Court, which order was upheld---Application was dismissed, in circumstances.        Khan Muhammad and another v. S.H.O Police Station Phool Nagar and 2 others 1995 SCMR 1283; Rana Muhammad Aslam v. Azmat Bashir and others 2011 SCMR 1420; Mst. Saeeda v. SSP, Larkana and 3 others 2013 YlR 2814; Abdul Majid v. SHO, Police Station Rohilanwali District Muzaffargarh 1995 PCr.LJ 1209; Abdul Qayyum v. SHO, Police Station Shalimar, Lahore 1993 PCr.LJ 91; Alamgir v. SHO, Model Town,…