Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Constitution of Pakistan, 1973

Section: 10(2),199,199(3)(5)

Law: Pakistan Army Act, 1952

Section: 2(1)(d),59,73,74,75

Criminal Procedure Code (V of 1898)--- ----S. 491---Pakistan Army Act (XXXIX of 1952), Ss. 2(1)(d), 59, 73, 74 & 75---Constituiton of Pakistan, Art.199---Habeas corpus petition---Persons subject to the Pakistan Army Act, 1952---Scope---Retired army officer in custody of military authorities for investigaioin---Person who was not an Army Officer could be detaind and or proceeded under the Pakistan Army Act, 1952 if he fell within the ambit of persons mentioned under S.2(1)(d) of the Pakistn Army Act, 1952---Since it was known that detenue (retired Army Officer) was in custody of military and was being investigated for offences under S.2(1)(d) of the Pakistan Army Act, 1952, hence his production order could not be made---Constitutional petition was disposed of accordingly. Allah Rakha v. District Magistrate Sialkot PLD 1968 Lah. 1061 and Farzaba Tasneem v. Federation of Pakistan PLD 2005 Lah. 391 ref. THIS ORDER PASSED BY: AAMER FAROOQ, J.--- The instant petition is in the nature of habeas corpus filed by one Ali Rizwan Raja seeking production of his father Brigadier (retired) Raja Rizwan Ali Haider, who allegedly is missing since 10-10-2018. In this behalf, it has been alleged in the petition, that the petitioner's father Brigadier (retired) Raja Rizwan Ali Haider, along with his driver Waseem Akbar went to meet a friend at G-10, Islamabad at 7-00 p.m. and when he was near G-10/2, Islamabd at about 8-00 p.m. as he stopped and got out from the car to buy some eatable, he disappeared and never returned. It was also alleged that the mobile phone of the petitioner is switched off since then. It was also alleged that with the aid of police the matter was investigated, however, it transpired that Brigadier (retired) Raja Rizwan Ali Haider was forcibly pushed into a car white colour Fielder with tainted glasses. This Court on 22.10.2018 issued notices to the respondent and had also summoned respondent No.5 to render report. In response to the notices issued, respondents have entered appearance and report/comments have been filed on behalf of respondent No.1, wherein, it has been stated that Brigadier (retired) Raja Rizwan Ali Haider is in military custody. 2.…

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