Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Pakistan Friendship and Commerce Treaty with Protocol signed at Washington dated 12-11-1959

Section: Arts.I,II,III,IV,V,IX,XI,XXI,XXIII

Pakistan Friendship and Commerce Treaty with Protocol signed at Washington dated 12-11-1959--- ----Arts. I, II, III, IV, V, IX, XI, XXI, XXIII---Criminal Procedure Code (V of 1898), 5.491---Habeas corpus---Pakistani national detained abroad---Embezzlement in funds---Petitioner sought recovery of Pakistani national facing trial in United States of America and also wanted initiation of proceedings against Pakistani officials who had received huge kick-backs in engaging lawyers to defend case of that Pakistani accused---Validity---High Court directed Foreign Ministry to examine matter after considering Arts. I, II, IV, V, IX, XI, XXI, XXIII of Pakistan Friendship and Commerce Treaty, with Protocol, signed at Washington, dated 12-11-1959, and undertaking given on its behalf by Law Officer for referring the matter of Pakistani in question, to Court of International Justice for fair trial which was right of every accused under the law---High Court further directed the authorities to decide the matter within 30 days from the announcement of and copy of decision should also be supplied to petitioner-Allegation that huge amount had been paid for receiving kick backs, was based on suppositions and no proceedings could be initiated merely on suspicion unless some proofs were provided in support of allegations, which for the time being were lacking---High Court advised the petitioner to approach High Court afresh after he could lay his hands on sound and cogent evidence to supplement the allegations---Petition was disposed of accordingly. JUDGMENT IJAZ AHMAD CHAUDRHY, J.---This petition under section 491, Cr.P.C. had been filed with the prayer that the matter relating to the illegal detention of Dr. Aafia Siddiqui, may be referred to International Court of Justice, the statements of Haji Kamal Shah etc. be also got recorded and the petitioner be allowed to defend her case on his own expenses. 2. Learned counsel for the respondents-Deputy Attorney-General opposes this petition while raising questions of maintainability of this petition and contends that powers under section 491, Cr.P.C. can be exercised if the detenue is within the jurisdiction of this Court, but admittedly…

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