Law: Criminal Procedure Code (V of 1898)

Section: 54, 491

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898) S. 54-Expression "reasonable suspicion"-Must be bona fide belief and not a vague surmise-Police Officer cannot arrest at his own sweet choice anybody he wills. The words "reasonable suspicion" in section 54, Cr. P. C. do not mean a mere vague surmise, but a bona fide belief on the part of the police officer that an offence has been committed or is about to be committed. Such belief has to be founded on some definite averments tending to throw suspicion on the person arrested. The secret information that the alleged detenu "used to commit such like offences" was, in no way, sufficient to believe that he was concerned with the commission of the offence and the exercise of power under section 54, Cr. P. C., by the respondent was totally uncalled for. The action of a police officer under section 54, Cr. P. C. must be guarded inasmuch as he should first satisfy himself about the credibility of the information which, should relate to definite facts. It was not at all the intention of the law giver that the police officer should at his own sweet will arrest anybody he likes, although he may be a peace loving citizen of the country. (b) Criminal Procedure Code (V of 1898)- S. 491 and Constitution of Pakistan (1973), Art. 199 - Illegal detention-Court can order immediate release but has no power to grant any other relief-Person illegally detained should enforce his remedies against illegality committed in order to check terror let loose by police. Section 491 of the Code of Criminal Procedure and Article 9 of the Constitution of the Islamic Republic of Pakistan provide a remedy in all cases of wrongful deprivation of personal liberty. The Court secures the liberty of the person by ordering his immediate release from unlawful deten tion. It cannot grant any other relief to the detenu in respect of allegations of wrongful detention or any allegation of torture or some other inhumane acts committed on his person. This, however, does not mean that such a person has no remedy in law. For every wrong there is a remedy, and for every injury caused to a person he can claim damages in the form of compensation.…