Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 491--Constitution of Pakistan, 1973, Art. 199(1)(c)--Habeas corpus--Notification by High Court conferring jurisdiction on the Session Judges--Terms of notification with approval of chief justice and judges of High Court--Question of maintainability of petition--Effect of Notification on powers of High Court--Conferment of jurisdiction on the Sessions Judges by High Court under Notification dated Sept. 7, 2002, has not divested High Court of its jurisdiction under S.491, Cr.P.C. given to it by the Constitution and the law and High Court does not cease to have jurisdiction under S.491, Cr.P.C. Constitution of Pakistan, 1973-- ----Art. 199(1)(c)--Constitutional petition--Concept of writs certiorari, mandamus, prohibition, quo warranto and habeas corpus--Maintainability--Performance of functions by the respondent in connection with the affairs of the federation, a province or a local authority, is not a condition precedent for maintainability of a petition under Art. 199(1)(c) of the Constitution--Use of word "including" in clause (c) and omission thereof in clause (a) or clause (b) is most significant in this regard--Power of High Court to enforce fundamental rights, therefore, is much more broader and far reaching than the time-tested concepts of writs of certiorari, mandamus, prohibition, quo warranto and habeas corpus. Custody of Minor-- ----Denying a person right of company of children--Violation of fundamental right to life--Right to life not only include one's own life but also life liberty and happiness of one's children--Therefore denying a person right of company of his children is probably as severe, if not more, penalty and curse on that person than denying him life altogether--Strongest bond that nature has created its bond between mother and the child--Such point is not only for the period the child is within body of the mother--Held: If a mother is denied her right of company of her child it would amount to violation of her fundamental right to life. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 491 & 561-A--Habeas corpus petition--Maintainability--Custody of minors--Cases pertaining to…

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