Maryam Begum

BEFORE THE HON’BLE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. ______________/H/2001 Mst. Maryam Begum Wife of Malik Muhammad Ramzan, R/o Mouza Neel Kot, Clifton Colony, Multan. PETITIONER VERSUS 1.

Station House Officer, Police Station Gulgasht, Multan.

2.

Mian Ata Ullah Sub-Inspector, Police Station, Gulgasht, Multan. RESPONDENTS

1) 2) 3) 4) 5)

PETITION U/S 491 CR.P.C. FOR THE RECOVERY OF DETENUE NAMELY: MUHAMMAD IMRAN S/O MUHAMMAD RAMZAN AGED 14 YEARS. UMAR HAYAT S/O GHULAM SHABBIR, AGED 18 YEARS. MUHAMMAD ASLAM S/O MUHAMMAD SHAFI, AGED 19 YEARS. RASHEED AHMAD S/O GHULAM MUHAMMAD, AGED 45 YEARS. MANZOOR HUSSAIN S/O GHULAM RASOOL, AGED 35 YEARS. FROM THE ILLEGAL CUSTODY OF RESPONDENTS.

Respectfully Sheweth: 1.

That brief facts leading to the instant petition are that at about 2.00 a.m. on 6.1.2001, respondent No. 2 along-with 12 armed police men raided at the house of the petitioner, entered into the house by trespassing. Police was not accompanied by lady

police and respondent No. 2, without any search warrants searched the petitioner’s house, misbehaved the ladies and college going girls. Respondent No. 2 not only misbehaved the ladies but also torn out their clothes and while leaving the petitioner’s house, he took away along-with petitioner’s son Muhammad Imran. At the same time, respondent No. 2 also raided in two other houses of petitioner’s relatives and took from there Umar Hayat, Muhammad Aslam, Rasheed Ahmad and Manzoor Hussain. All the five persons are now in illegal custody of the respondents. The respondent No. 2 also took in custody a motor-cycle No. MNS 1095 along-with the Registration Book, the motor cycle is now also in the illegal custody of the respondents. 2.

That respondent No. 2 did all the above-mentioned illegal acts in connivance with respondent No. 1. Due to some political influence, respondents are committing illegal acts of harassment.

3.

That no criminal case is registered against the detenues or any other family members of the petitioner. The respondents are forcibly keeping the detenues in their custody without any legal cause. There is every danger to the life of the detenues at the hands of the respondents.

4.

That detention of the detenues by the respondents is illegal and unwarranted by law. Liberty of any person cannot be curtailed without any legal ground.

5.

That petitioner along-with notables of the locality approached respondent No. 1 for handing over the custody of detenues but he refused.

6.

That there is no other efficacious and speedy remedy available to the petitioner except to invoke the jurisdiction of this Hon’ble Court Under Section 491 of Cr.P.C. Affidavit attached.

In view of the above respectful submissions, it is most humbly prayed that this Hon’ble Court may be pleased to accept the instant petition and Bailiff of this Hon’ble Court may graciously be deputed for the recovery of above-named detenues from the illegal custody of respondents for producing them before this Hon’ble Court. It is further prayed that detenues may very kindly be put at liberty once they are produced by the Bailiff. HUMBLE PETTIIONER, DATED: 6.1.2001 Through: Muhammad Amin Malik Advocate High Court, 38-Muhammadan Block District Courts, Multan. C.C. No. 20038

BEFORE THE HON’BLE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. ______________/H/2001

Mst. Maryam Begum

Vs.

S.H.O. etc.

INDEX S. No. NAME OF DOCUMENTS

ANNEXES PAGES

1

Urgent Form

2

Petition U/s 491 Cr.P.C.

1

3

Affidavit

4

4

Vakalatnama PETITIONER

DATED: 6.1.2001 Through: Muhammad Amin Malik Advocate High Court, 38-Muhammadan Block District Courts, Multan. C.C. No. 20038

BEFORE THE HON’BLE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. ______________/H/2001

Mst. Maryam Begum

Vs.

S.H.O. etc.

AFFIDAVIT of: Mst. Maryam Begum Wife of Malik Muhammad Ramzan, R/o Mouza Neel Kot, Clifton Colony, Multan.

I, the above named deponent do hereby solemnly affirm and declare as under: 1. That brief facts leading to the instant petition are that at about 2.00 a.m. on 6.1.2001, respondent No. 2 along-with 12 armed police men raided at the house of the petitioner, entered into the house by trespassing. Police was not accompanied by lady police and respondent No. 2, without any search warrants searched the petitioner’s house, misbehaved the ladies and college going girls. Respondent No. 2 not only misbehaved the ladies but also torn out their clothes and while leaving the petitioner’s house, he took away along-with petitioner’s son Muhammad Imran. At the same time, respondent No. 2 also raided in two other houses of petitioner’s relatives and took from there Umar Hayat, Muhammad Aslam, Rasheed Ahmad and Manzoor Hussain. All

the five persons are now in illegal custody of the respondents. The respondent No. 2 also took in custody a motor-cycle No. MNS 1095 along-with the Registration Book, the motor cycle is now also in the illegal custody of the respondents. 2. That respondent No. 2 did all the above-mentioned illegal acts in connivance with respondent No. 1. Due to some political influence, respondents are committing illegal acts of harassment. 3. That no criminal case is registered against the detenues or any other family members of the petitioner. The respondents are forcibly keeping the detenues in their custody without any legal cause. There is every danger to the life of the detenues at the hands of the respondents. 4. That detention of the detenues by the respondents is illegal and unwarranted by law. Liberty of any person cannot be curtailed without any legal ground. 5. That petitioner along-with notables of the locality approached respondent No. 1 for handing over the custody of detenues but he refused. 6. That there is no other efficacious and speedy remedy available to the petitioner except to invoke the jurisdiction of this Hon’ble Court Under Section 491 of Cr.P.C.

DEPONENT

VERIFICATION: Verified on oath at Multan, this 6th day of January 2001 that the contents of above-mentioned affidavit are true & correct to the best of my knowledge and belief.

DEPONENT