Law: Criminal Procedure Code (V of 1898)

Section: 491(1)(b),491

Law: Punjab Public Safety Act, (XVIII of 1949)

Section: 5

Criminal Procedure Code (V of 1898), S. 491 (1) (b)­Cannot be invoked in case of restriction orders under S. 5, Punjab Public Safety Act (X1111 of 1949)-"Detained" and "custody"-Imply "some sort of confinement." Section 491 (1) (b) of the Code of Criminal Procedure, which provides a remedy for illegal detention cannot be invoked in cases of restriction orders under section 5 of the Punjab Public Safety Act, 1949, inasmuch as there can be no question 4f setting such a person at liberty. The words "detained" and "custody" in section 491 of the Code of Criminal Procedure imply some sort of confinement or physical restraint on the liberty of movement of a person. The order against the petitioner under section 5 Punjab Public Safety Act (XVIII of 1949) required that the petitioner shall reside and remain within Corporation limits of the city of Lahore and shall not leave the area of his restriction without prior permission in writing from the Senior Superintendent of Police, Lahore. Held that the restriction placed upon the petitioner did not constitute a curtailment of the liberty of movement in the aforesaid area. It does not constitute a detention in custody within the meaning of section 491 (1) (b) of the Code of Criminal Procedure. The High Court was not competent to go into the matter under section 491 Cr. P. C. JUDGMENT ABDUL AZIZ KHAN, J.-This is a petition under section 491 of the Code of Criminal Procedure by one Maulvi Muhammad Umar who has been ordered under section 5 of the Punjab Public Safety Act, 1949, to reside and remain within the Corporation limits of Lahore City. In order to understand the nature of the order it would be advantageous to reproduce it :- "Whereas the Punjab Government is satisfied with respect to Maulvi Muhammad Umar, son of Maulvi Muhammad Amin, resident of Ichhra, Lahore, that with a view to preventing him from acting in a manner prejudicial to the public safety and the maintenance of public order, it is necessary to make an order as hereinafter. Now therefore in exercise of the powers conferred by section 5 of the Punjab Public Safety Act, 1949, the Governor of the Punjab is pleased to direct that the said Maulvi Muhammad Umar-…

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