Law: Constitution of Pakistan, 1973

Section: 199(1)(a)(i),199(1)(a)(ii),199(1)(b)(i),199(1)(c),202A

Law: Constitution of Pakistan 1973 (Twenty-sixth Amendment) Act, 2024

Section:

Law: Criminal Procedure Code (V of 1898)

Section: 491

Summary:

The petitioner, Javed Ali, filed a constitutional petition in the High Court seeking directions for recovery and production of his missing sister, Shahneela, allegedly detained by private respondents. Despite FIRs and applications under Section 491 Cr.P.C., there was no progress in recovery. The petitioner initially filed the petition under Article 199(1)(a)(i) of the Constitution of Pakistan, 1973, but the Regular Bench noted that this jurisdiction now mostly lies with Constitutional Benches, especially after the 26th Constitutional Amendment (2024), which reorganized the High Court benches and their respective powers. The petitioner’s counsel also argued maintainability under Article 199(1)(a)(ii), and Section 491 Cr.P.C., but the petition lacked proper grounds challenging the Sessions Court order, and the case involved overlapping constitutional and criminal issues. The Regular Bench found itself lacking jurisdiction to entertain the petition fully due to binding precedent from the Full Bench in Syed Sahir Hasan v. The Province of Sindh, which restricts matters under certain constitutional articles to the Constitutional Bench. Consequently, the matter was directed to be heard by a Constitutional Bench.

Core Points:

1.Petition Facts:

• Missing sister allegedly kidnapped on 29.03.2025; FIRs registered but no progress in recovery.
• Petitioner moved the Sessions Court under Section 491 Cr.P.C., which dismissed the application but directed the police to try for safe production.

2.Jurisdictional Issue: