Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Constitution of Pakistan (1973)  Art. 185(3)-Question whether detenu is a relative of petitioner not raised before High Court-Supreme Court would not enter into such question. (b) Criminal Procedure Code (V of 1898) S. 491 ---Habeas corpus-Petitioner applying for release of detenu girl already an accused person in case filed by detenus' mother Habeas corpus petition, in circumstances, held, not bona fide and High Court rightly refused to exercise its discretion under S. 491. Date of hearing : 4th September 1974.                                                                                                                                 ORDER WAHEEDUDDIN AHMED, J.-The petitioner filed Criminal Miscellaneous Application No. 87 of 1974 under section 491, Cr. P. C., for the production of Mst. Kamal Khatoon wife of Noor Hassan Domki respondent No. 1. He alleged that Mst. Kamal Khatoon has been wrongfully confined in the house of Ghulam Mohiuddin Domki respondent No. 3 in village Badani, Taluka Kashmore, District Jacobabad. Later on, when the case came up for hearing before the High Court on the 18th March 1974, Ghulam Mohiuddin respondent No. 3 denied that Afst. Kamal Khatoon was con fined in his house. Thereupon, the counsel for the petitioner asked for the adjournment of the case to consider the position and also to supply fresh address of Mst. Kamal Khatoon's confinement. On the 26th March, 1974, the learned counsel for the petitioner filed an application praying that the Superintendent of Police, Jacobabad may be ordered to search the house of one Ghulam Mustafa son of Ahmad Khan Domki, resident of village Haji Khan, Taluka Kashmore, and to produce Mst. Kamal Khatoon. It may be mentioned that a case is pending against the petitioner, his father, his cousin and his uncle under section 364/34, P. P. C. at the instance of Mst. Kamal…