Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(i)

Law: Criminal Procedure Code (V of 1898)

Section: 58

Constitution of Pakistan--- ----Art. 199 (1)(b)(i)---Criminal Procedure Code (V of 1898), S. 58--Constitutional petition---Habeas corpus---Arrest of detenue---Use of internet applications (Apps)---Arrest of accused persons---Duty of police station to whom accused is required---Petitioner sought recovery of his cousin / detenue who was alleged to have been abducted by police---Held: Detenue was arrested on the basis of information taken from Travel Eye App from Bus Terminal when he was travelling from one city to another city---In Travel Eye App status of the detenue was shown as absconder (P.O.) in a criminal case registered in another city of another province---Soon after arrest of detenue it was accordingly intimated to the concerned police station---Although law provided ample mechanism and guidelines for police officers who had made arrest of accused person(s), yet no such guideline was provided for police/police station, to whom, such accused was required/involved in criminal cases except S.58, Cr.P.C, wherein, police officer was authorized to pursue and arrest such persons from any place in Pakistan---High Court directed to bring matter into the notice of quarters concerned (Legislation) in order to make laws, to regularize procedure/methods for law enforcement agencies regarding accused/suspects arrested with the help of afore-referred computer Apps., as no Law / Procedure / Rules and Regulations were available in such regard--- Constitutional petition was disposed of accused. Date of hearing: 28th February, 2025. JUDGMENT MUHAMMAD WAHEED KHAN, J.---Petitioner, Irfan Ali, filed the instant Writ Petition before this Court, under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, and made the following prayer: - It is therefore, respectfully, prayed that a bailiff be appointed to immediately recover the abductee from the custody of the respondent SHO Police Station Sabza Zar, Lahore; The respondents Nos.1 and 2 be issued notices and be directed to produce and set at liberty the abductee on the same day and to explain to this Honourable Court why the abductee had been arrested and kept incommunicado without disclosing the reasons for…