Law:

Section:

Constitution of Pakistan (1973)--- Art. 199(1)(b)(i)-Habeas corpus petition-Words "person in custody within territorial jurisdiction of the Court"-Persons detained and lodged in jail within territorial jurisdiction of High Court but contention that they w ere being held in pursuance of specific criminal cases regis­tered against them at place (in another Province) outside the territorial limit of High Court and so High Court to decide question of jurisdic­tion first before directing production of detenus-Held, Constitution does not make exercise of jurisdiction under Art. 199(1)(b)(i) dependent on prior determination of question of jurisdiction as long as person detained is within territorial jurisdiction of High Court-High Court has power to direct production in Court of persons detained for purpose of satisfying itself as to legality of detention-Discretion of examining detenus should be exercised judiciously ensuring that examination does not prejudice trial if any pending against detenu. The power of issuing a writ in the nature of habeas corpus has been conferred on the High Courts by clause (b)(i) of Article 199(1) of the Consti­tution which prescribes that a High Court may, if it is satisfied that no other adequate remedy is provided by law, on the application of any person, make an order directing that a person in custody within the territorial juris­diction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlaw­ful manner. This constitutional provision is of fundamental importance, providing, as it does, an effective safeguard for the liberty of the subject. The Constitution itself contemplates that in a matter of this kind the High 'Court shall have the power to direct the production before it of the person alleged to be detained without lawful authority or in an unlawful manner. The production of the body is of course intended for the purpose of enabling the High Court to satisfy itself as to the legality of the detention. The Constitution does not make the exercise of this power dependent on the prior determination by the Court of questions relating to its…

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