Law:

Section:

(a) Punjab Destitute and Neglected Children Act (XVIII of 2004)--- ----Ss. 3(e), 3(k), 5 & 28---Constitution of Pakistan, Arts. 9, 25-A, 38 & 199---Constitutional petition---Entrustment of the custody of an unclaimed child---Status of an unclaimed child under the Punjab Destitute and Neglected Children Act, 2004---Scope---Constitutional guarantees provided to a child---Scope---Child in question, was born in Pakistan and the Constitution provided constitutional guarantees of life, education, health, food and medical facility to every child born in the country irrespective of the fact whether the child is owned or not owned by his/her parents---Definition of "child" provided in the Punjab Destitute and Neglected Children Act, 2004, read with the Preamble of the Act showed that an 'unclaimed child' was a child in terms of S.3(e) of the Act---Under S.28 of the Punjab Destitute and Neglected Children Act, 2004, court could direct the child to be admitted in a Child Protection Institution or his custody could be given to a suitable person who was willing to bring up the child---Provincial Government had not as yet established the Child Protection Institute, therefore, option left with the court was to entrust the custody of the child to a suitable person---Person who wanted to adopt the child was a businessman and a taxpayer and undertook to bring up the child like his own child---Constitutional petition of said person was accepted and hospital was directed by the High Court to hand over the custody of the child to him subject to the execution of an undertaking by him that he would bring up the child as per his best resources and would help him to become a useful member of the society, and submit a report on yearly basis to the Deputy Registrar of the High Court till the child was 18 years of age. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Duties of Justice of Peace---Scope---Justice of Peace is the custodian of the rights of the citizens and before taking any action against anyone, he is duty bound to examine the facts. ORDER MUHAMMAD KHALID MEHMOOD KHAN, J.---Through this single order, I proposed to decide Writ Petitions…

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