2026 P Cr. L J 54

 2026 P Cr. L J 54

[Lahore]

Before Muhammad Waheed Khan, J

IRFAN ALI---Petitioner

Versus

The STATION HOUSE OFFICER and others---Respondents

Writ Petition No. 10470 of 2025, decided on 28th February, 2025.

Constitution of Pakistan---

----Art. 199 (1)(b)(i)---Criminal Procedure Code (V of 1898), S. 58---

Constitutional petition---Habeas corpus---Arrest of detenue---Use of

internet applications (Apps)---Arrest of accused persons---Duty of

police station to whom accused is required---Petitioner sought

recovery of his cousin / detenue who was alleged to have been

abducted by police---Held: Detenue was arrested on the basis of

information taken from Travel Eye App from Bus Terminal when he

was travelling from one city to another city---In Travel Eye App

status of the detenue was shown as absconder (P.O.) in a criminal

case registered in another city of another province---Soon after

arrest of detenue it was accordingly intimated to the concerned

police station---Although law provided ample mechanism and

guidelines for police officers who had made arrest of accused

person(s), yet no such guideline was provided for police/police

station, to whom, such accused was required/involved in criminal

cases except S.58, Cr.P.C, wherein, police officer was authorized to

pursue and arrest such persons from any place in Pakistan---High

Court directed to bring matter into the notice of quarters concerned

(Legislation) in order to make laws, to regularize

procedure/methods for law enforcement agencies regarding

accused/suspects arrested with the help of afore-referred computer

Apps., as no Law / Procedure / Rules and Regulations were available

in such regard--- Constitutional petition was disposed of accused.

Asad Jamal for Petitioner.

Hafiz Muhammad Zaheer Nasir, Assistant Advocate General,

Muhammad Naveed Umer Bhatti, Deputy Prosecutor General, Rafi

Ullah SHO/Inspector and Sarfraz S.I for the State.

Date of hearing: 28th February, 2025.

JUDGMENT MUHAMMAD WAHEED KHAN, J.---Petitioner, Irfan Ali, filed the

instant Writ Petition before this Court, under Article 199 of the

Constitution of the Islamic Republic of Pakistan, 1973, and made the

following prayer: -

It is therefore, respectfully, prayed that a bailiff be appointed to

immediately recover the abductee from the custody of the

respondent SHO Police Station Sabza Zar, Lahore;

The respondents Nos.1 and 2 be issued notices and be directed to

produce and set at liberty the abductee on the same day and to

explain to this Honourable Court why the abductee had been

arrested and kept incommunicado without disclosing the

reasons for his arrest;

Any other relief deemed fit and appropriate in the interest of

justice, fairness and equity may kindly be granted

2. This Court after taking cognizance of the matter, passed the

following order on 19.02.2025:-

Through this petition, the petitioner seeks recovery of alleged

detenue, namely, Nauraiz Ahmed, cousin of the petitioner, from

the illegal and unlawful custody of respondent No.1-SHO P.S.

Sabzazar, District Lahore. The petition is supported by an

affidavit.

2. Let a bailiff of this Court be deputed at the expense of the

petitioner, to recover the alleged detenue, who shall search out

the premises of the above mentioned police station and if found

produce him before this Court on 20.02.2025.

3. In compliance of above said order, Bailiff of the Court visited the

Police Station, Sabzazar, Lahore and submitted his following report:-

In compliance of the order dated 19.02.2025, passed by this Hon ble

Court in the above noted case, I along with petitioner conducted

raid at Police Station Sabzazar, Lahore at 06:40 p.m., for illegal

and unlawful custody of respondent No.1 (SHO) Police Station,

Sabzazar, Lahore. Muhammad Sajjad (Moharrar), S.H.O.

Muhammad Amjad Dogar and other Police officials were present

there. After necessary introduction, I took the Roznamcha into

my possession and started searching for the recovery of above

named alleged detenue. In the course of searching, I found

above named alleged detenue confined in the lock-up of said

Police Station.

2. On my query above named alleged detenue stated that he was

captured by Police official of Police Station Nawankot, Lahore from Niazi Adda Bus Stand Lahore about 10-11 days before. He

further stated that he has not been produced before any

Competent Court so far.

3. On my query, Muhammad Sajid (Moharrar) stated that alleged

detenue Nauraiz Ahmed, is accused of Police Station Nawankot

Lahore, the said Police station is situated in the same building of

Police Station, Sabzazar, Lahore and both Police Station have a

combine lock-up. In the meanwhile, Muhammad Abid

(Moharrar) of Police Station Nawankot, Lahore put his

appearance and stated that the above said detenue was arrested

by Noor Hussain (ASI) in connection with notification/case FIR

No.1851/2021 under sections 381/34 P.P.C, Police Station, Steel

Town, Malir Sindh, Karachi, wherein, the said detenue is P.O.4

and his arrest has been incorporated in the roznamcha vide

Rapt No.19 dated 11.02.2025 at 11:30 am. He has further stated

that in this regard vide rapt No.56 dated 13.02.2025 recorded at

05:50 p.m, Jameel (Moharrar) of Police Station Malir Karachi,

was intimated over phone No.03340201537. He has further

added that Bilawal Sher Muhammad, Moharrar (Investigation)

of Police Station Steel Town, Karachi, was also intimated vide

rapt No.55 dated 18.02.2025 recorded at 11:45 am, but uptil now

no response/concerned police officials/officer were reached

there. It is stated that the police of Police Station, Nawankot,

Lahore did not produce the above named alleged detenue before

any competent court of law till today.

4. It is submitted that Muhammad Abid (Moharrar) of Police Station

Nawankot, Lahore has provided me copy of rapt No.19 dated

11.02.2025, copy of rapt No.56 dated 13.02.2025 and copy of rapt

No.55 dated 18.02.2025.

5. Notices issued by the Hon ble Court were served upon

Muhammad Sajid (Moharrar), of police station Sabzazar, Lahore,

with the direction that respondent No.01. (SHO) Sabzazar and

SHO Police Station, Nawankot, Lahore, along with above named

alleged detenue as well as record, if any, shall appear in person,

before this Hon ble Court on 20.02.2025, to explain their version.

6. Report is respectfully submitted for kind perusal and appropriate

orders, please.

4. Report of Bailiff reflects that the alleged detenue was arrested by

the police on 11.02.2025 at 11:30 a.m, vide Rapat No.19 in case FIR

No.185/21 under Sections 381/34 P.P.C, Police Station, Steel Town,

District Malir, Sindh, Karachi, on 22.02.2025. Police officials including

Amjad Ali Dogar, SHO, Police Station, Sabzazar, Lahore, Muhammad Nasar Ullah ASI, Rafi Ullah Inspector/SHO, along with Sarfraz Ahmed

S.I., apprised the Court that the detention of the detenue was intimated

number of times to the officials of Police Station, Steel Town, District

Malir, Karachi over telephone No.0334-0201537 and different rapats of

those intimations were also mentioned in the Roznamcha/Register,

however, none of the police officials from the said police station

approached them in order to take the detenue in custody till

22.02.2025. So, this Court felt that the police has not applied proper

procedure while keeping the detenue in custody as according to

Section 61 of Code of Criminal Procedure 1898 (Cr.P.C), the police

cannot detain any person for more than 24 hours and the police was

bound to produce him before the learned Area Magistrate till

12.02.2025 till 11:30 a.m (excluding the time necessary for journey) for

appropriate order. After ten days of his arrest (date of arrest is

11.02.2025), on the direction of this Court, detenue/accused was

produced before the learned Area Magistrate, Section 30, District

Courts, Lahore for sending him to jail on judicial remand, however,

concerned, Magistrate granted two days transitory remand to produce

him before the learned Area Magistrate, Police Station, Steel Town,

District Malir, Karachi and at the same time, learned Judicial

Magistrate had directed the Capital City Police Officer (C.C.P.O), Lahore

to proceed against the SHO, P.S, Nawan Kot, as per law, for not obeying

the dictates of law. The order of the learned Judicial Magistrate

Section, 30, Lahore dated 21.02.2025 reads as under:-

Police requested for judicial remand of accused, as per true copy of

the order dated 20.02.2025 the Hon ble Lahore High Court,

Lahore ordered SHO to produce the said accused before this

Court on 20.02.2025. Instead afore-named accused is produced

today. Also request for judicial remand contained that the

accused have been arrested as per report No.19 dated

11.02.2025. As such SHO violated the mandatory provision of law

therefore CCPO Lahore is directed to proceed against SHO

Nawan Kot as per law. The request of police for the judicial

remand of accused is rejected. Transitory remand of accused

Noraiz Ahmed son of Qaim Khan is granted for two days. SHO

present in the Court is ordered to produce Noraiz Ahmed son of

Qaim Khan (accused) before the Area Magistrate of PS, Steel

Town, District Malir Karachi on or before 23.02.2025.

So police officials of Police Station, Nawan Kot, Lahore vide Rapat

No.31 dated 21.02.2025 had taken the detenue to Karachi and produced

him before the learned Magistrate, Police Station, Steel Town, Karachi

on 23.02.2025, who ordered to send him to judicial custody on the

same day in District Jail, Malir. It is important to note that even during

this whole episode, while taking the accused to Karachi, for producing him before the learned Area Magistrate, Police Station, Steel Town,

Karachi, the officials of Police Station, Nawan Kot, Lahore kept on

informing the police Station, Steel Town, Karachi about every

step/action taken by them but the Police Station concerned had never

established contact with the officials of Police Station, Nawan Kot,

Lahore at any point of time and the police officials from Lahore got the

said accused lodged in the District Jail, Malir by themselves on

23.02.2025, without getting any help from the concerned Police Station,

Steel Town, Karachi. It is also important to mention here that the

detenue/accused was arrested on the basis of information taken from

Travel Eye App from Rahber Bus Terminal on 11.02.2025, when he was

travelling from Lahore to Rawalpindi, as in the said App. his status

was being shown as absconder (P.O) of case FIR No.185/2021 under

Sections 381/34 P.P.C Police Station, Steel Town, District Malir Karachi

(Register No.4 of Police, related to the absconders and deserters) and

soon after arrest it was accordingly intimated to the concerned Police

Station as observed in the preceding Paragraphs. I have asked the

learned Law Officers to assist the Court on gadgets/APPs being used by

the Punjab Police to arrest the absconders and deserters, the learned

Law Officer after collecting information from different sources and

from the High ups of the Punjab Police, informed the Court about

different APPs being used by the Punjab Police i.e, E-Police App ,

Travel Eye App , Hotel Eye App and E-Gadget App which operate in the

following manner:-

E-Police App: It is used by the Police to detect the criminals by

entering CNIC .

Travel Eye App: It is used at the bus stands/terminals to detect

criminals by police. The cashiers of bus terminals enter CNIC of

the passengers while issuing the ticket .

Hotel Eye App: It is used by the police in hotels to make surveillance

of the hotel visitors .

E-gadget App: It is used by the police at mobile shops and markets to

detect the stolen mobiles. The shopkeepers enter IEMI number

of the mobile phones

This Court found that these apps introduced by the Punjab Police

are serving the purpose and the Police is effectively arresting the

accused/absconders and others involved in different criminal cases all

over Pakistan, hence, have great significance and a direct impact on

the expeditious and prompt flow of the administration of justice.

5. On going through the relevant provisions of different laws i.e, the

Constitution of Islamic Republic of Pakistan, 1973, Criminal Procedure

Code 1898 (Cr.P.C), High Court Rules and Orders Volume III, Chapter 11, Part-B (Remands to Police custody), Police Rules 1934, Chapter 26, Rule 20

(Transfer of arrested persons) it is clear that they provide different

guidelines and mechanism to deal with the accused arrested by the

Police in terms of Section 54 Cr.P.C or otherwise, Article 10(2) of the

Constitution of Islamic Republic of Pakistan, 1973, provides as under:-

10 (2): Every person who is arrested and detained in custody shall

be produced before a magistrate within a period of twenty-four

hours of such arrest, excluding the time necessary for the

journey from the place of arrest to the court of the nearest

magistrate, and no such person shall be detained in custody

beyond the said period without the authority of a magistrate.

Whereas, in CHAPTER XXVI of Police Order, 1934 (Arrest, escape

and custody, is enshrined in the following manner:-

26.20. Transfer of arrested persons. (1) If a police Officer lawfully

arrested a person, without a warrant, in a district in which the

investigation, enquiry and trial cannot be held, and the offence

is non-bailable or such person cannot give bail, he shall take or

send such person before the District Magistrate of 1st class or

Magistrate having jurisdiction over the area and obtain an order

for the transfer of the prisoner to the district in which the

offence was committed

6. According to Sections 60 and 61 of Cr.P.C, the Police Officer

making arrest of accused was bound down to produce him before the

Magistrate without any unnecessary delay. Same Sections are

reproduced as under:-

60. Person arrested to be taken before Magistrate or officer incharge

of police station: A police officer making an arrest without

warrant shall, without unnecessary delay and subject to the

provisions herein contained as to bail, take or send the person

arrested before a Magistrate having jurisdiction in the case or

before the officer in-charge of a police-station.

61. Persons arrested not to be detained more than twenty-four

hours: No police officer shall detain in custody a person arrested

without warrant for period longer than, under all the

circumstances of the case is reasonable and such period shall

not, in the absence of a special order of a Magistrate under

Section -167 exceed twenty-four hours exclusive of the time

necessary for the journey from the place of arrest to the

Magistrate's Court.

And thereafter, Magistrate deals with the accused and regulates the

custody of such accused in the manner provided under Section 167 of

the Cr.P.C. I have inquired from the learned counsel for petitioner and the learned Law Officer and also perused the relevant laws but could

not find any provision which protects the development and

installation of above said Apps of the Punjab Police except one letter

i.e, Standing Order No.10 of 2020 / Development And Use Of

Information Technology Initiatives / Software Applications By The

Punjab Police bearing No.3703/EXEC-III dated 04.12.2020, which was

issued by the office of Inspector General of Punjab Police to the All

heads in Punjab which reads as under:-

Enclosed please find a copy of Standing Order No.10/2020 regarding

development, use of Information Technology Initiatives and

software application, for official police work in all police units in

Punjab including IC3, duly signed by the Inspector General of

Police/PPO, Punjab. A copy of the subject order may be kept as

ready reference in every office for information and compliance.

Moreover, the same may be circulated to your branches for

implementation in letter and spirit.

But till date these applications were not given the legal cover

through some sub-ordinate legislation/rules and orders or otherwise.

7. At the same time, this Court reached to the conclusion that

although the law provides ample mechanism and guidelines for the

Police Officers who make arrest of accused persons(s) but no such

guideline has been provided for police/Police Station, to whom, such

accused had been required/involved in a criminal cases except Section

58 of the Cr.P.C, wherein, the Police Officer had been authorized to

pursue and arrest such persons from any place in Pakistan, which is

reproduced as under:-

58. Pursuit of offenders into other jurisdiction: A police-officer may,

for the purpose of arresting without warrant any person whom

he is authorized to arrest under this Chapter pursue such person

into anyplace in Pakistan.

[Explanation: In this section, '''police-officer' includes a police-

officer acting under this Code as in Azad Jammu and Kashmir].

Explanation added by Code of Criminal Procedure (Amendment)

Act, VIII of 1993.

Nevertheless, the police of Police Station, Steel Town, Karachi had

not acted in terms of this provision of law.

8. It would not be out of place to mention here that the

conduct/attitude, displayed by the officials of Police Station, Steel Town,

Karachi is really deplorable rather dismal one, wherein, despite having

the knowledge and repeatedly, being informed by the Police Station,

Nawan Kot, the former remained silent spectator and did not perform

any act to affect the arrest of the accused, who was their proclaimed offender (P.O) and all the work since his arrest through the Apps ,

detaining him in police lockups and before the learned Area Magistrate

at Lahore and then producing him before Judicial Magistrate Karachi

and then lodging him in District Jail, Malair was done by the police

officials of Police Station, Nawan Kot, Lahore. So, in the light of supra

discussion, this Court recommends relevant authorities including

Inspector General of Police, Punjab, Capital City Police Officer, Lahore

and other quarters concerned, to take up the matter urgently, qua

applications developed by the police for effecting arrest of

accused/absconders, take serious steps to give this mechanism a legal

coverage through some subordinate legislation or otherwise, so, that the

law enforcement agencies could get full benefits from this modern

technology.

9. Learned Registrar of this Court, is also directed to transmit copy

of this order to Inspectors General of Police, Punjab and Sindh,

respectively, in order to sensitize them about the situations, and

lethargic attitude displayed by the officials of Police Station, Steel

Town, Karachi, District Malair, to hold an inquiry, and if found

involved, proceed against the delinquents in accordance with law.

Learned Registrar of this Court is also directed to bring this matter

into the notice of quarters concerned (Legislation) in order to make

laws, to regularize the procedure/methods for the law enforcement

agencies regarding accused/suspects arrested with the help of afore-

referred computer Apps., as at the moment no Law/Procedure/Rules

and Regulations are available in this regard.

10. With these observations, instant petition stands disposed of.

MH/I-16/L Order accordingly