Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Criminal procedure Code ( V of 1898)  S. 491--Habeas corpus-Writ of--Application of S. 491 to preventive detention even if barrel under any law, detenu, notwithstanding such bar, held, can come to High Court and show that such Act was not applicable to him or that he was not detained thereunder--Mala fide exercise of power by Executive in depriving a citizen of his liberty--Can be gone into even if Executive shows arrest having been made under Civil Defence Rules. Chitlay's Commentary on the Code of Criminal Procedure; A I R 1943 Bom. 194 ; A I R 1943 All. 377 ; A I R 1946 Lah. 36 and A I R 1946 F C 2 ref. (b) Azad Jammu & Kashmir Government Act, 1970  Ss. 24 & 36-Ordinance-making power of President--Held, wider but restricted and can be exercised only if justified on grounds of emergency. (c) Azad Jammu & Kashmir Government Act, 1970 Ss. 24 & 36- Word "emergency"-Meaning. (d) Criminal Procedure Code (V of 1898) S. 491 read with Azad Jammu & Kashmir Government Act, 1970, Ss. 24 & 36- Person arrested deprived of his right of recourse to fundamental or ordinary law due tea existence of an emergency----Such person, held entitled try challenge existence of such emergency. A I R 1930 Lah. 781 and A I R 1931 Bom. 57 ref.                                                                                                                              ORDER KHAWAJA MUHAMMAD YUSUF SARAF, J.--These are four certi ficated appeals against an order passed by Mr. Justice Ch. Rahim I; ad Khan in four applications under section 491, Cr. P. C. The detenus Mr. Ghulam Mohammad Mir, Mr. Soofi Mohammad Zaman, Mr. Mohammed Sabir Ansari and Mr. Mumtaz Ahmad Hashmi are members of the Plebiscite Front which has to be distinguished from the Plebiscite Front across the Cease-fire-Line headed by Mirza Mohammad Afzal Beg. While the…