| Case ID |
05104def-6ef6-4632-b403-65f5b30fef40 |
| Body |
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| Case Number |
Habeas Corpus Petition No.57 of 2000 |
| Decision Date |
Sep 21, 2000 |
| Hearing Date |
|
| Decision |
The court directed that the police must not keep the detenus in custody any longer and should send them to jail. The request for bail could not be granted due to the absence of the case record and lack of notice to the State. However, the detenus were allowed to apply for bail before the Judicial Magistrate. The case raised significant concerns regarding the treatment of the detenus and the actions of the police, with a directive for responsible police officials to be held accountable for any unlawful actions. |
| Summary |
This case revolves around a habeas corpus petition filed in the Peshawar High Court, where the petitioners alleged unlawful detention by police following theft charges. The court evaluated claims of torture and improper procedure used against the detenus. It highlighted the importance of adhering to the law during arrests and emphasized human rights as guaranteed under the Constitution of Pakistan. The decision underscored the need for judicial oversight in ensuring that the rights of individuals are protected against police excesses. Key legal principles regarding habeas corpus and the responsibilities of law enforcement agencies were central to the court's ruling. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
QAZI EHSANULLAH QURESHI, J
|
| Lawyers |
Akhtar Naveed,
Tariq Javed, A.A.G.
|
| Petitioners |
ZULFIQAR
|
| Respondents |
3 others,
THE SENIOR SUPERINTENDENT OF POLICE, PESHAWAR
|
| Citations |
2001 SLD 959,
2001 PCRLJ 573
|
| Other Citations |
Zahid Amin v. State H.C.P. No.49 of 2000,
1998 PCr.LJ 1117
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
491
|