Case Details

Citation(s)
2019 SLG 3311 2019 SLD 3311 2019 PLD 565
Lahore High Court
Writ Petition No. 251566 of 2018, heard on 24-04-2019.
MALIK SHAHZAD AHMAD KHAN, JUSTICE MIRZA VIQAS RAUF, JUSTICE
Petitioner(s) by: Asad Manzoor Butt and Hafiz Nauman
Respondent(s) by: Mian Tariq Shafique Bhandara, Deputy Attorney General for PakistanSyed Faisal Raza Bukhari, Special Prosecutor for NAB.

MRS. IFRAH MURTAZA AND ANOTHERVSGOVERNMENT OF PAKISTAN AND OTHERS

Law: National Accountability Ordinance, 1999

Section: 17(c),24,24A

Law: Criminal Procedure Code (V of 1898)

Section: 87

Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2

Law: Constitution of Pakistan, 1973

Section: 2A,4,9,15,25,199(1)(b)(i)

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 24---Constitution of Pakistan, Art. 199(1)(b)(i)---Writ of Habeas Corpus and quo-warranto---Scope---Locus standi---Detention in foreign country---Petitioner invoked jurisdiction of High Court under Art.199 of the Constitution on grounds that her husband was illegally detained in Dubai, United Arab Emirates by Interpol on basis of illegal orders and warrants of arrest issued against him by National Accountability Bureau authorities as well as by Accountability Court---Authorities objected to petition on plea that same was not maintainable---Validity---At time of filing of petition before High Court, Detenu was in restrained custody in Dubai, United Arab Emirates at the time of filing of petition before the High Court on account of red notices/warrants of arrest issued against him therefore, petition was filed by his wife---Petition having been filed in nature of Habeas Corpus therefore, same was validly filed by wife of detenu---Constitutional petition under Art.199 of the Constitution in matter of Habeas Corpus or petition of writ of Quo Warranto could be filed by any person and it was not necessary that such person should be an "aggrieved person"---Constitutional petition was maintainable in circumstances. Bugum Nusrat Bhutto v. Chief of Army Staff and Federation of Pakistan PLD 1977 SC 657 rel. (b) Constitution of Pakistan--- ----Art. 199(1)(b)(i)---Constitutional petition---Writ of Habeas Corpus---Scope---Release of detenue---Effect---Merely on account of release of detenue from custody petition does not become infructuous---High Court can see as to whether order on basis of which detenue was kept in confinement was issued in accordance with law or not. Malik Ghulam Jilani v. (1) The Government of West Pakistan through the Home Secretary, Lahore and (2) The Deputy Commissioner, Lahore PLD 1967 SC 373; Zafar Iqbal v. The Province of Sindh and 2 others PLD 1973 Kar. 316 and Ali Ahmed v. Muhammad Yakoob Almani, Deputy Supreintendent of Police, Qasimabad Hyderabad and 5 others PLD 1999 Kar. 134 rel. (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 24---Constitution of Pakistan, Art.…
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