Law:

Section:

Constitution of Pakistan (1973)-------Art.199---Constitutional petition---Recovery of borrowed amount---Son of petitioner borrowed amount from bank in which petitioner was only a witness to the documents of loan---Borrower son having failed to fulfil the terms of loan facility had become defaulter, Bank started harassing petitioner being father of the borrower---Petitioner was sent to jail in civil prison where he remained for about 40 days, which was maximum punishment for such default as per law---Petitioner being not borrower, could not have been sent to jail; it was a case of highhandedness on the part of Bank---Petitioner having already shouldered his responsibility being father of the borrower in terms of jail of 40 days, he could not be further punished or harassed---Even if petitioner was a guarantor, in the presence of original borrower the entire responsibility should not have been thrown on his shoulder for being father of borrower-High Court directed that petitioner should not be further harassed by the Bank, which however, would not mean that Bank could not recover the amount from the main borrower---Petitioner would co-operate by informing the address and whereabouts of the main borrower. Muhammad Riaz v. District Collector, Okara and 3 others PLD 1997 Lah. 980 and Abdul Latif v. Manager Small Business Finance Corporation and others 2003 YLR 1052 rel. ORDER KH. FAROOQ SAEED, J.----This writ petition shall decide the issue of harassment by S.M.E. Bank, Recovery Officer, who is statedly illegally and against his power confined the petitioner to jail for 40 days ignoring the fact that he was not the originally borrower and not even a guarantor. 2. The brief facts of the case are that son of the petitioner namely Raja Muhammad Shahzad borrowed Rs.1,50,000 in which this petitioner was only statedly a witness to the documents of loan. The borrower son Raja Muhammad Shahzad could not fulfil the terms of loan facility and became a defaulter. The respondent started harassing this petitioner being father of the borrower. The petitioner was sent to jail in civil prison Adyala where he remained for about 40 days which is maximum punishment for such default as…

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