| Citation(s) |
|---|
| 1965 SLG 4508 = 1965 SLD 4508 = 1965 PLD 32 |
Azad J. & K
Criminal Miscellaneous No. 184 of 1959, decided on 21st October 1959.
Presented By: F. H. Shah, C. J., Abdul Hamid Khan and Muhammad Sharif, JJ
Khawaja Muhammad Shafi and Khawaja Ali Muhammad for Petitioner. M. A. Hafeez for
Respondent.
Criminal Miscellaneous No. 184 of 1959, decided on 21st October 1959.
Presented By: F. H. Shah, C. J., Abdul Hamid Khan and Muhammad Sharif, JJ
Khawaja Muhammad Shafi and Khawaja Ali Muhammad for Petitioner. M. A. Hafeez for
Respondent.
NAJIB ALI KHAN-Petitioner
VERSUS
THE AZAD J & K GOVERNMENT-Respondent
Law: Constitution of Pakistan, 1962
Section: 98
Law: Criminal Procedure Code (V of 1898)
Section: ,3,43,491
(a) Writ Return submitted by Government in response to writ-Prima facie presumed to be true unless rebutted by evidence Constitution of Pakistan (1962), Art. 98. (b) Jurisdiction -Courts reluctant to decline jurisdiction unless specifically divested by Legislature. (c) Interpretation of statutes Later law of a general import-Cannot by mere implication abrogate provisions of earlier special law. Maxwell on "Interpretation of Statutes", Eighth Edn., p. 156 rel. (d) Azad Kashmir Public Safety Act, Ss. 3 & 43 read with Criminal Procedure Code (V of 1898), S. 491-Detention under S. 3, Azad Kashmir Public Safety Act-Allegations of mala fide against detaining authority-High Court, under S. 491, Cr. P. C., competent to examine question whether detention legally proper. Malik Muzafar Khan's case and Raja Haider Khan's case (unreported) distinguished. Rahmatullah v. Crown P L D 1951 B J 64; A I R 1948 Lah. 87; Suraj Parkash Ram Lal v. Emperor A I R 1948 Lah. 84; Abdul Ghajur v. Crown P L D 1949 Lah. 55; A I R 1943 All. 277; Dil Mir v. Government P L D 1959 Azad J & K 61; Muhammad Anwar Babari v. Crown P L D 1955 Lah. 585; Hamesh Gul v. Crown P L D 1955 Pesh. 1; A I R 1946 Bom 65 and A I R 1932 Cal. 753. ref. Date of hearing : 21st October 1964. ORDER MUHAMMAD SHARIF, J.-Najib Ali has been ordered by the Government to be detained for a period of six months under section 3 of the Public Safety Act. Muhammad Khan has moved the High Court under section 491, Cr. P. C. that the detention of the detenu being illegal, improper and mala fide, the detenu should be set at liberty. My Lord the Chief Justice, who is hearing this habeas corpus application has by order dated the 20th of October 1959, referred the question whether section 43 of the Public Safety Act has taken away the jurisdiction of this Court tinder section 491, Cr. P. C., to the Full Bench for an authoritative decision. The learned Government Advocate contends that section 43 of the Public Safety Act, bars the jurisdiction of the High Court to entertain an application under section…