livelawpk.com - Court Orders Release of Detained Woman --- LHC

Court Orders Release of Detained Woman, Censures Police Misconduct --- Lahore High Court, Lahore

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Court Orders Release of Detained Woman, Censures Police Misconduct --- Lahore High Court, Lahore

Islamabad 17-05-2024: In recent legal development, the Honourable Lahore High Court decided the habeas corpus petition u/s 491 Cr.P.C [Criminal Misc. No. 27821-H of 2024], wherein the petitioner sought recovery of Mst. Nagina, her daughter-in-law, from the alleged illegal confinement by police officials. The petitioner claimed that on May 4, 2024, around 2/3.00 A.M., police officials raided her house, taking Mst. Nagina without any criminal involvement. The petitioner alleged that police demanded Rs. 10,00,000/- for her release, threatening further criminal charges if the demand was not met.

On May 6, 2024, the Court directed the SHO, P.S. Daska, to produce the detained woman in court. Instead of compliance, the SHO reported that Mst. Nagina was required in FIR No. 754/24 (dated March 29, 2024) for an offense under Section 392 PPC, and she had been sent to judicial lockup on May 8, 2024. The Court found the SHO’s evidence contradictory and lacking credibility. The SHO allegedly fabricated a supplementary statement from the complainant after receiving the Court's notice. The SHO and Investigating Officer’s actions, including the delay in recording the supplementary statement and failure to disclose the source of information were seen as procedural flaws.

The above said FIR related to a crime in Tehsil Daska, District Sialkot, whereas the alleged detenue resided in Tehsil Kamonke, District Gujranwala, highlighting jurisdictional inconsistencies. The remand granted by the Magistrate was criticized for not following proper judicial procedure, such as requiring the Prosecutor's opinion and sufficient material evidence. The Court emphasized the fundamental right to liberty and protection from arbitrary detention, referencing constitutional and human rights principles.

The detention of Mst. Nagina was declared illegal. She was granted post-arrest bail and ordered to be released immediately upon furnishing bail bonds. The Court directed the District Police Officer to suspend the SHO and Investigating Officer, initiate departmental proceedings, and ensure no postings during this period. The petitioner was instructed to file a formal complaint for illegal confinement, with the DPO responsible for ensuring FIR registration against the police officials if required.

The Court issued several guidelines to prevent future misuse of authority, including the need for evidence to accompany supplementary statements, proper judicial review of remand requests, and safeguarding the liberty of individuals. The Court's decision underscores the protection of individual liberties and holds police officials accountable for misuse of power, aiming to reinforce procedural integrity and judicial oversight.