Case Details

Citation(s)
1977 SLG 138 1977 SLD 138 1977 SCMR 202
Supreme Court of Pakistan
Criminal Appeal No. 37 of 1971, decision dated: 28th March 1974. dates of hearing : 21st and 28th March 1974
HAMOODUR RAHMAN, C.J., WAHEEDUDDIN AHMAD AND MUHAMMAD GUL, JJ
Munawar Akhtar, Advocate Supreme Court instructed by Syed Inayat Hussain, Advocate-on-Record for Appellant Asghar Ali Bhatti, Advocate Supreme Court instructed by Sh. Ijaz Ali, Advocate-on-Record for
Respondent

CAPT. RAZA ALI, S. Q. A.,

VS

MUKHTAR HUSSAIN AND ANOTHER

Law:

Section:

(a) Judicial Officers' Protection Act (XVIII of 1950)--- -----S. 1 & High Court (Lahore) Rules and Orders, Vol. V, Ch. 4-F, r. 10-Costs, imposition of-Act XVIII of 1950 protects officers acting judicially for their official acts done in good faith only in respect of a suit in any civil Court-Protection, held, does not extend to costs imposed by High Court under r. 10. (b) Natural justice--- ----Opportunity to show cause-Appellants not only served as respondent in proceedings culminating in imposition of costs against him but also instructing Advocate-General to appear on his behalf-Advocate-General appearing, making submissions on appellant's behalf but such submissions not satisfying High Court as to bona fides of order made by appellant-Contention that appellant was not given opportunity to explain circumstances leading to passing of order complained against repelled. JUDGMENT MUHAMMAD GUL, J.--This appeal by Special leave is directed against the order of a learned Single Judge of the late High Court of West Pakistan at Lahore, in a petition for habeas corpus under section 491/561-A, Cr. P. C. whereby appellant herein, who was one of the respondents, was ordered to pay, out of his own pocket, Rs. 500 as cost of the rule which was made absolute. By the same order, notice was also issued to him to show cause why his case should not be forwarded to the Provincial Government for the withdrawal of his judicial powers as District Magistrate. Leave was granted to consider whether the appellant, who at the relevant time was the District Magistrate, Jhang, and who made an order for the detention of one Mst. Anwar Bibi, purporting to be in exercise of his power under section 552, Cr. P. C. and against which the rule was issued, was not protected under the Judicial Officers Protection Act, 1850 as respects payment of costs of the proceedings before the learned Single Judge. The facts giving rise to the present appeal, briefly are that an application under section 552, Cr. P. C. was moved before appellant by one Mst. Fateh Bibi alleging that her daughter Mst. Anwar Bibi had been abducted by Mukhtar Hussain, respondent No. 2 herein, with the help of certain others for…
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