IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No._____________H/2001

Allah Bachaya S/o Muhammad Ramzan Khore, R/o Mouza Gol,

Tehsil Kehrore Pakka, District Lodhran.
Petitioner
VERSUS
1. S.H.O. Police Station City, Muzaffargarh.
2. Javed Akhtar S.I. Police Station City, Muzaffargarh.
Respondents

Writ Petition under Article 199 of the

Constitution of Islamic Republic of
Pakistan, 1973 along-with all the
enabling provisions read with Sec-491
Cr.P.C. for the recovery of Falak Sher
son of Muhammad Ramzan (aged 27/28
years), Muhammad Shareef son of
Ghulam Fareed (aged 40/42 years), both
Khore by caste, residents of Mouza Gol,
Tehsil Kehrore Pakka, District Lodhran.

Respectfully Sheweth: -
1. That the names and addresses of the parties have correctly been
given for the purpose of their summons and citations.

2. That the petitioner, both the detenues and other family members
are cultivators by profession. The family of the petitioner is
known to every body as hard-working and honest; and by this
reason, instead of poverty, the people of area pay respect to each
 and every member of the petitioner’s family. No person from the
petitioner’s family is ever involved in any criminal case.

3. That on 23.6.2001 at about 9/10 A.M. the respondents No. 2

along-with other 6/7 police officials criminally trespassed the
house of the detenue. They abused the inhabitants, dragged the
womenfolk and all the male members were tortured at the spot.
After this act of 15 minutes, the police officials segregated the
male on one side and the female and children on the other side.
The respondent No. 2 asked about Falak Sher and Muhammad
Shareef (both the detenues) and on their identification, both were
arrested by respondent No. 2. When the matter regarding the
arrest of both the detenues was inquired, it was informed to the
petitioner that both the detenues are required in some criminal
case registered at P.S. city Muzaffargarh. Both the detenues were
taken away by the said police officials. This occurrence was
witnessed by Allah Ditta son of Muhammad Ramzan, Ahmad
Bakhsh son of Ghulam Fareed & the womenfolk present at the
spot along-with the petitioner.

4. That since 23rd June, 2001, the petitioner visited both the
respondents, but there is no progress or development in the
matter of both the detenues. Neither they are arrested legally and
produced before any court nor they are allowed to leave the
police station. At present, both are detained in the lock up of the
said police station.

5. That respondents No. 1 & 2 are committing high handedeness

and transgression from their authority. Under the law, they have
no authority to keep or detain any person illegally, un-lawfully in
their improper custody, specially when there is no criminal
case/proceedings pending against both the detenues.

6. That the petitioner tried his level’s best for the release of both the
detenues, but could not succeed and now left with no other
proper, adequate, efficacious and speedy remedy except to invoke
 the extra-ordinary constitutional jurisdiction of this Hon’ble
Court for the redressal of his grievance.

Keeping in view the above-mentioned facts, it is

respectfully prayed that both the detenues may please
be ordered to be recovered from the unlawful and
improper custody of respondents, through the belief of
this Hon’ble Court; and may please be set at liberty if
they are not required by the police.
Any other writ, order, direction or relief which
this Hon’ble Court deems fit, may please be extended in
the favour of petitioners to meet the ends of justice.

Humble Petitioner,

Dated: ___________

Through: -
Hammad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

CERTIFICATE: -
Certified as per instructions of the client,
that this is the first petition on the subject
matter. No such petition has earlier been
filed before this Hon’ble Court.
Advocate
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No. ______________/2001

Allah Bachaya Vs. S.H.O. etc.

AFFIDAVIT of: -
Allah Bachaya S/o Muhammad Ramzan Khore, R/o Mouza Gol,
Tehsil Kehrore Pakka, District Lodhran.

I, the above-named deponent do hereby solemnly affirm

and declare as under: -
1. That the names and addresses of the parties have correctly
been given for the purpose of their summons and citations.

2. That the petitioner, both the detenues and other family

members are cultivators by profession. The family of the
petitioner is known to every body as hard-working and
honest; and by this reason, instead of poverty, the people of
area pay respect to each and every member of the
petitioner’s family. No person from the petitioner’s family is
ever involved in any criminal case.

3. That on 23.6.2001 at about 9/10 A.M. the respondents No. 2

along-with other 6/7 police officials criminally trespassed
the house of the detenue. They abused the inhabitants,
dragged the womenfolk and all the male members were
tortured at the spot. After this act of 15 minutes, the police
officials segregated the male on one side and the female and
children on the other side. The respondent No. 2 asked about
Falak Sher and Muhammad Shareef (both the detenues) and
 on their identification, both were arrested by respondent No.
2. When the matter regarding the arrest of both the detenues
was inquired, it was informed to the petitioner that both the
detenues are required in some criminal case registered at P.S.
city Muzaffargarh. Both the detenues were taken away by
the said police officials. This occurrence was witnessed by
Allah Ditta son of Muhammad Ramzan, Ahmad Bakhsh son
of Ghulam Fareed & the womenfolk present at the spot
along-with the petitioner.

4. That since 23rd June, 2001, the petitioner visited both the
respondents, but there is no progress or development in the
matter of both the detenues. Neither they are arrested legally
and produced before any court nor they are allowed to leave
the police station. At present, both are detained in the lock
up of the said police station.

5. That respondents No. 1 & 2 are committing high

handedeness and transgression from their authority. Under
the law, they have no authority to keep or detain any person
illegally, un-lawfully in their improper custody, specially
when there is no criminal case/proceedings pending against
both the detenues.

6. That all the contents of this affidavit are true and correct to the
best of my knowledge and belief; nothing has been kept
concealed thereto.

DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No. ______________/2001

Allah Bachaya Vs. S.H.O. etc.

INDEX

S. No. NAME OF DOCUMENTS ANNEXES PAGES

1 Urgent Form
2 Stamp Paper worth Rs. 500/-
3 Writ Petition.
4 Affidavit
5 Power of attorney.

PETITIONER
Dated: ____________

Through: -
Hammad Afzal Bajwa,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20959
Sheikh Muhammad Faheem,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20176