Illegal Detention and Police Misconduct Lahore High Court Issues Directives for Accountability
Islamabad 26-03-2025: The Lahore High Court, Multan Bench, has issued a landmark judgment in [Crl. Misc. No. 2446-H of 2020] Mst. Kausar Mai Vs. SHO, etc., addressing illegal detention, police misconduct, and the failure to maintain essential police records. The ruling sets forth strict guidelines for law enforcement agencies to ensure accountability and transparency in police operations.
The Petitioner filed a habeas corpus petition under Section 491 Cr.P.C., seeking the recovery of her husband and her relative from the alleged illegal custody of the SHO of Police Station Basti Malook, Multan. According to the petition, the police unlawfully raided her residence on May 16, 2020, detained the two individuals, and seized valuables, including gold ornaments and cash amounting to Rs. 250,000. The petitioner claimed that the detenues were neither involved in any criminal case nor formally produced before a Court.
During the proceedings, it was revealed that the alleged detenues had been taken into formal custody only after the filing of the petition. Furthermore, one of the detenues, had died in a reported police encounter during a recovery operation. The Court noted that the police failed to maintain proper records, including the daily diary (roznamcha), departure and return entries, and other mandatory documentation required under the Police Rules, 1934.
The Court expressed serious concerns over the failure to document crucial police actions, emphasizing that such omissions violate Articles 9 and 10 of the Constitution, which guarantee the right to life, liberty, and due process. The judgment cited past rulings, including (PLD 2021 Lahore 105) and (PLD 2022 Lahore 224), reinforcing the importance of maintaining police records to prevent abuse of power.
To prevent future instances of unlawful detention and police misconduct, the Court laid down the following directives:
- Every arrest must be recorded in both computerized and manual roznamcha immediately, specifying the date and time of arrest.
- Whenever an accused is taken out of police custody, an entry must be made in the roznamcha upon departure and return.
- Entries in the manual roznamcha must be made using a ballpoint pen to ensure transparency.
- Magistrates must verify the date and time of arrest when granting physical or judicial remand, and reject remand requests if the police fail to provide accurate records.
- Police case files should remain at the police station and must be properly documented whenever an officer takes them out for investigation.
The District & Sessions Judges should be granted online access to police station daily diaries to ensure judicial oversight.
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