Case Details

Citation(s)
1974 SLG 3098 = 1974 SLD 3098 = 1974 PLD 200
Lahore High Court
Writ Petition No. 1816 of 1973, decided on 17th September 1973.
Presented By:  Karam Elahi Chauhan, J
Mian Mahmud Ali Kasuri for Petitioner.

Kh. MUHAMMAD SAFDAR-Petitioner

VERSUS

THE STATE AND ANOTHER-Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Constitution of Pakistan 1973

Section: 199(1)(a)(i)(c)

(a) Criminal Procedure Code (V of 1898) S. 561-A read with Constitution of Pakistan (1973), Art. 199(I)(a)(i)-Prayer in writ petition that "Superintendent of Police be directed to refrain from beating and injuring by himself or his subordinates, peaceful citizens indulging in peaceful protest demonstrations against State"-Such vague prayer which talks of citizens in general cannot be advanced-Each case to be decided on its own merits. Each case is to be attended to on its own merits and confined to its own facts. Such a vague prayer, which talks of citizens, in general in a petition under Article 199 of the Constitution and section 561-A of the Cr. P. C., cannot be advanced. (b) Constitution of Pakistan (1973) Art. 199(1)(a)(i) & (c)-Detention-Nothing prima facie to show that detention conditions were against provision of any law at time of filing of writ petition-No cause to attend to such matter.   (c) Constitution of Pakistan (1973) Art. 199(1)(a)(i) & (c)-Detention - Prayer for summoning detenu in Court to explain how injuries came to be caused to him and what his manner of detention was - Prayer not made by aggrieved person but by a third person-Not admissible in circumstances-Past mistreatment alleged-Petition for correction of manner of detention in retrospect-Not maintainable-Remedy lay elsewhere-Regularization of conditions of detenu under Art. 199 Pertains to future detention onward from date of petition or when order to be passed. Date of hearing : 17th September 1973.                                                                                                                          ORDER This is an application by Kh. Muhammad Safdar Senator President -of United Democratic Front Punjab, with regard to the arrest and .detention of Ghulam Shabbir son of Hafiz Muhammad Bakhsh, Caste Bhatti, R/o Mauza Barha, P. S. Rullanwali,…
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