Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Constitution of Pakistan 1973

Section:

Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Before proceeding further under 5.491, Cr.P.C. Court must determine if the alleged detenu is in custody and if so with whom. [p. 559] A Constitution of Pakistan (1973)--- ----Art. 199---Recovery of detenu---Both the parties and their witnesses had filed affidavits in the Court controverting each other's claim regarding custody or detention of the alleged detenu---Newspaper's report by itself did not amount to conclusive evidence unless necessary legal requirements were fulfilled---Inquiry, in the circumstances, was necessary to determine as to whether the detenu was factually arrested or taken into custody by such police officers, which could not possibly be done in exercise of Constitutional jurisdiction under Art. 199 of the Constitution---No specific allegation had come forth as to where the detenu was kept and in whose custody---Constitutional petition was dismissed in circumstances. [p. 559] B, C, D & E Mst. Asmat and 4 others v. Muhammad Nawaz Mali and 12 others 1981 PCr.LJ 854 fol. Evidence--- ---- Newspaper's report---Report in newspaper by itself does not amount to conclusive evidence unless the source of the report on which such news is published is brought before the Court and such source, if a person, is subjected to cross-examination. [p. 559] C Ch. Muhammad Jamil for Petitioner. K.M. Nadeem, Addl. A: G. for the State. ??????????????????? '` ORDER ABDUL RAHIM KAZI, J.--This petition has been filed by the petitioner seeking the following reliefs:--   "It is, therefore, humbly prayed on behalf of the petitioner that this Hon'ble Court may be pleased to direct the respondent No.l to produce the son of the petitioner, namely, Ghias Ahmed son of Mohiuddin Ahmed Farooqui before this Hon'ble Court, who has been arrested and detained by the respondent without registration of any case F.I.R. since 11/12 night of March, 1995 at about 2-30 hours, without any reason and without producing him before any competent Court of Law and may further be pleased to set him at liberty. It is also prayed that the cost of the petition be borne by the…