Law: Law Reforms Ordinance, 1972

Section: 3(2)

Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(i)

Law Reforms Ordinance (XII of 1972)--- ----S. 3(2)---Constitution of Pakistan, Art.199(1)(b)(i)---Intra court appeal---Maintainability---Writ of habeas corpus---Writ of habeas corpus was filed which was dismissed by the Single Judge of High Court---Validity---High Court could issue a writ of habeas corpus and no appeal would lie against an order passed under Art.199(b)(i) of the Constitution---Intra court appeal being not maintainable was dismissed in limine. THIS ORDER PASSED BY: SHEHRAM SARWAR CH. JUSTICE---.--- Through the instant ICA the appellant has challenged the legality and validity of order dated 19.10.2015 passed by learned Single Judge-in-Chamber whereby writ petition filed by Muhammad Arshad was dismissed. 2. Heard. Record perused. 3. We noted that a petition filed by Naeem Shahzad for the recovery/production of his granddaughter Maheen Shehzadi and grandson Bilal Butt from the alleged improper custody of Neelam and Zaheer. The said petition was accepted and the custody of the minors was handed over to Naeem Shahzad. Feeling aggrieved of the said order, a writ petition was filed which was dismissed by a learned Single Judge in Chamber vide order dated 19.10.2015. 4. Firstly, we would like to examine the question of maintainability of the instant ICA in the light of Section 3 of the Law Reforms Ordinance, (XXII of 1972). So, for reference Section 3 is reproduced as under: "Appeal to High Court in certain cases: 1. An appeal shall lie to a Bench of two or more Judges of a High Court from a decree passed or final order made by a single Judge of that Court in the exercise of its original civil jurisdiction. 2. An appeal shall also lies to a Bench of two or more Judges of a High Court from an order made by a Single Judge of that Court under (clause (1) of Article 199 of the Constitution of Islamic Republic of…

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