Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Guardians and Wards Act, 1890

Section: 25

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----S. 491---Guardians and Wards Act (VIII of 1890), S.25---Constitution of Pakistan, Art. 199---Constitutional petition---Habeas corpus, writ of---Custody of minor sought recovery of her two minor daughters who had been taken away from her---Validity---Jurisdiction of Courts under Guardians and Wards Act, 1890, in respect of custody of minors and for recovery / production of minors under S.491, Cr.P.C. were entirely different and there was no question of one exceeding the other, overlapping the other or destroying the other in as much as there was no repugnancy between the two provisions---Provisions of S. 491, Cr.P.C. provided efficacious and speedy relief for release of persons kept under illegal and improper custody---In matters pertaining to custody of minors of tender age, High Court was empowered to issue directions under S. 491, Cr.P.C. and could pass an order regarding custody without prejudice to the right of parties for final determination of dispute pertaining to custody of minors by Guardian Court---High Court was empowered to pass appropriate orders to ensure that rights conferred upon minor children were fully protected in a suitable manner in exercise of inherent jurisdiction---High Court converted Constitutional petition into application under S. 491, Cr.P.C. and directed Joint Investigation Team so constituted to trace out respondent and minor girls and then proceed further in the matter---Application was disposed of accordingly. PLD 1997 Kar. 267; 2017 YLR Note 219, p.157; 2013 MLD 1640; 2014 MLD 38; 2014 YLR 705; PLD 2014 Sindh 598; 2015 MLD 833; 2016 MLD 29 and 2017 MLD 427 rel. JUDGMENT FAHIM AHMED SIDDIQUI, JUSTICE:---.--- This petition was originally filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 but it was converted into Criminal Misc. Application under Section 491, Cr.P.C. after hearing the petition at length on several dates of hearing as has been done in the case of Shanza Ali v. Aamir Shujaat and 2 others reported in 2017 MLD (Sindh) 427. 2. This matter is of some considerable importance in itself as it raises a question that needs very careful consideration…

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