Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Bailiff was appointed by the Trial Court who succeeded to recover detenus from a private residence---Bailiff reported that abductees/detenus had been fettered and handcuffed and were tied with an iron rod at the time he raided said premises---On the basis of said report filed by the Bailiff, an application was filed for registration of a criminal case against the Police Official, but S.H.O. refused to do so---S.H.O. submitted in his parawise comments that alleged detenus were habitual criminals and were involved in criminal activities of various nature but failed to explain as to why an F.I.R. was lodged to the effect that detenus had escaped from Police custody and yet they were discovered in Police custody in a private torture cell---Conscious effort had been made to short circuit the process of law and punish certain people at the whims of the police which could not be allowed---Such sort of behavior would lead to lawlessness and anarchy---High Court could not step aside, allowing State functionaries to take the law in their own hands and blatantly violate rights guaranteed to citizens by the Constitution---All citizens were entitled to be treated equally and in accordance with law---No individual, entity or organization could be allowed to transgress its limits defined by the law and the Constitution---Police Officials had prima facie transgressed such limits---Authority was directed to hold detailed and in-depth inquiry into the matter---In case the allegations against respondents police officials were found to be correct, he would ensure that appropriate action was taken against all officials of the Police involved in the matter in accordance with law. ORDER IJAZ-UL-AHSAN, J.---The brief facts giving rise to this constitutional petition are that a relative of the petitioner namely Muhammad Musa filed a habeas corpus petition for the recovery of petitioner's husband namely Muhammad Yasin along with Abdul Sattar and Younus from the illegal custody of respondent No.2 and his other companions. The learned Justice of Peace/Sessions Judge deputed a Bailiff for recovery of detenus. He…

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