Mst. Raisa Begum wife of Nooruddin, muslim, adult, residing at house No.1139, Sector 5-J, New Karachi,
Karachi…………………………………………Petitioner.

Versus.

The Station House Officer,
Zaman Town Police Station,
Karachi-…………………………………….Respondent.

Tashfeen Ahmed Rana son of Shafiq Ahmed at presently detained at P.S.
Zaman Town, Karachi. ……………………….Detenue.

Ms. Irum Advocate for the Petitioner.
Mr. Abdul Khaliq Nadeem the Deputy District Attorney for the State.

O R D E R.

5-9-2006.

Heard the learned counsel for the Petitioner and perused the record. The Respondent No.1 is also present.

2. Yesterday this petition under Section 491 Cr.P.C. was filed alleging therein that on 3.9.2006 SI Muhammad Irshad on police mobile of police station Zaman Town had taken away Tashfeen Ahmed (the Detenue) and illegally detained him therefore his life was not safe on account of the said illegal detention.
3. On this the learned Xth Judicial Magistrate, Karachi-East was directed to visit the police station and to see whether the Detenue was in illegal custody and if so he may be released on the execution of personal bond in the sum of Rs.5000/- with the direction to appear on the date of hearing.

4. The learned Judicial Magistrate visited the police station alongwith the petitioner has reported to the effect that the detenue was found going outside the police station from the room of the investigation branch of the police station and there was no entry in respect of his arrest in the roznamcha of the police station, therefore the alleged detenue was released after obtaining such bond. The detenue is present alongwith the petitioner and submits that SIP Muhammad Irshad of Investigation Branch had come to his house in civil dress and had taken him into custody without any reason.

5. In the morning when the petition was taken up the Respondent No.1 was present and has stated before the court that he had no knowledge about his arrest but SIP Muhammad Irshad had brought him at the police station. SIP Muhammad Irshad was asked to appear at 11.30 a.m. through the SHO. Now he is present and submits that he even does not know the alleged Detenue.

Since prima facie this is a case of illegal detention of the Detenue Tashfeen Ahmed Rana by SI Muhammad Irshad of Investigation Branch of Zaman Town Police Station, Karachi and he is to be prosecuted according to law. The SHO Police station Zaman Town, is therefore directed to register a case of illegal detention against said SIP which is to be investigated according to law. Report compliance. Provincial Police Officer is also directed to look into the matter for necessary action against the delinquent police officer under the Police Order 2002.
Pronounced in open court, this the 5th day of September 2006.

(ZAFAR AHMED KHAN SHERWANI)
Sessions Judge, Karachi-East.