Tamrez vs DPO Nowshera Ss — 2025 PCrLJ 905 PESHAWAR-HIGH-COURT

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Tamrez VS DPO Nowshera Ss. 491, 22-a & 22-B---Ex-Officio Justice of Peace, jurisdiction of---Direction to conduct inquiry---Petitioner alleged that his brother was arrested by the Police Official/respondents---Petitioner filed an application before the Ex-Officio Justice of Peace seeking direction for the registration of FIR against Police Officials for illegal arrest and detention of his brother---Ex-Officio Justice of Peace directed District Police Officer to conduct inquiry about illegal arrest of the detenu---Validity---District Police Officer did not come up with a clear stance in response to the allegation levelled against the other respondents---District Police Officer did not categorically deny that the brother of the petitioner was not arrested---allegedly, the brother of the petitioner was a drug peddler and involved in many such cases in other provinces---However, no case other than the one in which the respondents arrested brother of petitioner was shown---Reference that the brother of the petitioner was involved in narcotics cases in other Province tended to support the allegation that the respondents did, in fact, pick him on 16.04.2024---an arrest in such a situation could be made by the local police either pursuant to an arrest warrant a competent Court would have issued or under S.54, Cr.P.C.---In any situation, the local police must have had prior information about the requisite arrest of the brother of the petitioner---Legal procedure was not shown as having been followed in letter and spirit---Thus, such arrest and detention were proved to be illegal, wrong, arbitrary and amounted to abuse of the power conferred under the law---For such an act, a Police Official, no matter of whatever rank she/he may be, should be held accountable administratively as well as under the criminal law---Perusal of a copy of the inquiry report showed that: firstly, it was silent on whether it was conducted in compliance with the order of the Justice of the Peace---Secondly, the petitioner and his brother were not associated with the inquiry---Strangely enough, the Inquiry Officer recorded the statements of the respondents and two other personnel of the same police station---Obviously, the Police Officials would never depose against their colleagues---Inquiry seemed to be just an eye wash---In the instant case, the petitioner approached the District Police Officer for registration of the case and taking other action against the respondents, which effort proved of no avail---Respondents did not arrest and detain the brother of the petitioner in accordance with law contained in S. 86, Cr.P.C.---Record showed that respondents did not treat the brother of the petitioner according to law as per the mandate of art.4 of the Constitution and violated his safeguards as to arrest and detention under art.10 of the Constitution---Record also suggested that the District Police Officer neither acted swiftly on the application of the petitioner, nor did he ensure a fair and impartial inquiry, particularly with right of hearing to the petitioner---Criminal case was to be registered against the respondents for having illegally arrested and detained the brother of the petitioner, which not only constituted cognizable offences under the provisions of the P.P.C, but also under the Khyber Pakhtunkhwa Police act, 2017---Writ petition was accepted, in circumstances.

Tamrez vs DPO Nowshera Ss — 2025 PCrLJ 905 PESHAWAR-HIGH-COURT

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