Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: West Pakistan Co-operative Societies and Co-operative Banks (Repayment of Loans)Ordinance (XLV of 1966)

Section: 5, 8

Criminal Procedure Code (V of 1898) S. 491 read with West Pakistan Co-operative Banks (Repayment and Recovery of Loan) Ordinance (XIV of 1966), Ss. 5 & 8-Habeas corpus-Audi alteram partem, principle of-Notice under S. 5(2) not served upon detenu personally though his whereabouts known to Registrar, ordering detenu's detention-Service not duly effected-No inquiry as required by subsection (3) of S. 5 conducted before sending detenu to civil prison--Detenu, held condemned unheard by violating doctrine of audi alteram partem, making his detention improper and illegal-Detenu set at liberty in circumstances.-[Habeas corpus-Maxim). Date of institution: 17th July, 1980.                                                                                                                          ORDER Jehangir Ali one of the Directors of Kalyal Commercial Corporation was sent to civil prison by the Registrar Co-operative Societies under section 8 of the Co-operative Banks (Re-payment and Recovery of Loan) Ordinance (hereinafter to be called as an Ordinance) as he being one of the Directors of the Kalyal Commercial Corporation Ltd., a borrower not only refused to make payment of the loan taken from the Co-operative Bank which stands dissolved but also failed to furnish security as required under section 3 of the said Ordinance. This detention of the above-named Jehangir Ali is challenged by the petitioner on the following grounds namely:- (1) That as no notice under section 5(2) of the said Ordinance was issued to the detenu in respect of the liability of the Kalyal Commercial Corporation Ltd., no detention of Jehangir Ali could legally be made in the civil jail by the Registrar. After issuance of a notice under section 5(2) the person proceeded against has a legal right to defend himself under subsection (3) of the same section. (2) That the procedure Laid down under…