Law:

Section:

(a) Constitution of Pakistan (1973)-------Art.199---Detention---Territorial jurisdiction of High Court ---Detenu whose detention had been challenged by petitioner in Constitutional petition, at time of his detention was in Dera Ghazi Khan (Punjab Province) ---Detenu neither had been arrested in Province of Balochistan nor was detained in that Province, nor any of officials of Federation or Province of Balochistan was alleged to have arrested him---Petitioner himself was totally unaware as to who arrested the detenu---Question whether detenu was arrested within jurisdiction of High Court of Balochistan or by an Authority exercising powers in that Province or by official of Federal Agencies having their office in Province of Balochistan, remained unanswered---Very difficult in circumstances, to hold that High Court of Balochistan had territorial jurisdiction in the matter. ---[Jurisdiction]. 1995 SCMR 1535 and PLD 1968 SC 378 ref. (b) Constitution of Pakistan (1973)-- ----Arts.199 & 10---Arrest and detention---Enforcement of fundamental rights--­Condition precedent for filing a petition under Art. 199 of Constitution of Pakistan (1973) for enforcement of fundamental right, was existence of fundamental right which was a right which either was a personal right or individual right and a right to move a High Court for enforcement of any fundamental right conferred by Chap. 1 of Part II of Constitution of Pakistan (1973) would not be abridged. (c) Constitution of Pakistan (1973)--- ----Arts. 10 & 199---Constitutional jurisdiction, exercise of---Arrest or detention---Enforcement of fundamental right---Territorial jurisdiction of High Court---High Court in ordinary words meant any High Court---If persons performing functions took action by infringing a fundamental right of a citizen, his right to move a High Court was not abridged---If a citizen of Pakistan belonged to any Province of Pakistan, was residing in a different Province, when his fundamental right was infringed, High Court of that Province had territorial jurisdiction to issue writ to that effect---If action was taken by Federal Government to curb right of citizens, that citizen could move any High…

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