Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 9---Fundamental Rights---Life and liberty of person---No person would be deprived of life or liberty save in accordance with law---State had to act within the limits of law wherever the life or liberty of an individual was affected. Muhammad Tufail Khokhar v. The Inspector-General of Prisons, Punjab, Lahore and 3 others PLD 1980 Lah. 162; Zia-ud-Din v. Superintendent, Camp Jail, Lahore and another PLD 1976 Lah. 93; Ali Mahmood v. The State 1974 PCr.LJ 249; Lt.-Col. G.L. Battacharya v. The State and others PLD 1964 SC 503;F.A. Khan v. The Government of Pakistan PLD 1964 SC 520; Ms. Shehla Zia and others v. WAPDA PLD 1994 SC 693 and Government of Sindh through the Chief Secretary, Karachi and 4 others v. Raeesa Farooq and 5 others 1994 SCMR 1283 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus---Enough time had been given not only to Home Department, but also to police concerned to come up with proper documentation if accused was really required under law or he was supposed to have been involved, but they failed to do so---Letter was also issued to the concerned Authorities clearly stating that in case documentations were not received within stipulated time, accused would be released---Authorities having failed to produce any documentation in time, no legal justification existed for continued detention bf accused in jail and his such detention would be illegal. ORDER ZAHID KURBAN ALVI, J.----------This Misc. application has been filed under section 491, Cr.P.C. It is claimed that the applicant was involved with some dispute with local police with the result that he was involved in numerous criminal cases. He has been arrested and put behind bars since 29-3-2003. In several cases that were filed against him, he has been acquitted and in other cases, he has been released on bail. The respondent No.1 refused to release the applicant/accused on the ground that the applicant was wanted in a case, which was pending before the Additional Sessions Judge, Sargodha. Challenging the continuous detention, the Constitutional petition was filed, which is 595 of 2003. In that petition, the comments were…

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