| Citation(s) |
|---|
| 2002 SLG 1514 2002 SLD 1514 2002 SCMR 1819 |
Supreme Court of Pakistan
Criminal Appeal No.210-L of 2002, decision dated: 1st April, 2002
MUNIR A. SHEIKH, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, J
Muhammad Farooq Bedar, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-on-Record for Petitioners. Nemo for the State
Criminal Appeal No.210-L of 2002, decision dated: 1st April, 2002
MUNIR A. SHEIKH, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, J
Muhammad Farooq Bedar, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-on-Record for Petitioners. Nemo for the State
ABDUL SHAKOOR and another
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss. 55 & 491---Constitution of Pakistan (1973), Art. 185---Illegal detention--- Observations of High Court---Effect---High. Court after having found that report of arrest of detenu under S.55, Cr.P.C. as mala tide, directed to transfer the officials; responsible for the illegal detention, to Police Lines and to conduct inquiry against the officials---Contention of the accused officials was that the observations of High Court might prejudice the inquiry---Validity---Police Officer who had to conduct inquiry would conduct the same independently and would submit his report to the High Court---Supreme Court directed that in case the Inquiry Officer would fine the accused officials not involved in the matter, the officer could make recommendation to the High Court that the order for keeping the officials in Police Lines might be withdrawn---Petition was disposed of accordingly. JUDGMENT MUNIR A. SHEIKH, J:---While dealing with criminal petition under section 491, P.P.C., the learned Judge of the High Court prima facie found that the report of arrest of detenu under section 55, Cr.P.C. appeared…
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