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Criminal Procedure Code (V of 1898), S. 491-Habeas corpus petition Person proceeded against, accepting notice issued by High Court and giving undertaking that he would produce detenus before High Court on date fixed-Failure to produce detenus- Held : High Court right in finding person guilty of contempt of Court. Rafiq Ahmad, Advocate Supreme Court instructed by Abdul Karim, Advocate-on-Record for Appellant. M. A. Bajwa, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for the State. Date of hearing : 1st March 1971. JUDGMENT SALAHUDDIN AHMED, J.-This appeal is from an order of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore, convicting the appellant for contempt of Court and sentencing him to suffer simple imprisonment for two months. It appears that upon an application under section 491 of the Criminal Procedure Code, made before the High Court by one Ghulam Nabi, the Court by its order dated 9-2-1968, directed the recovery and production of the detenus through a Bailiff. The allegations contained in the application were that the appellant had detained the wife and children of the said Ghulam Nabi in order to compel him to work in the fields of the appellant. In pursuance of this direction the Bailiff having requisitioned police help went along with a Sub-Inspec­tor of Police and the petitioner, to the residence of the appellant and searched his house but failed to find the detenus. On inquiry the Bailiff was told by the appellant that the latter had passed on the detenus to his brother in Sialkot District. The appellant, however, accepted the notice issued by the High Court and gave an undertaking that he would arrange to produce the detenus before the High Court on the date fixed, i.e., 22-2-1968. The appellant failed to produce the detenus as promised by him, and was consequently directed by the High Court to show cause why he should not be committed for contempt of Court. In response to this show­cause notice the appellant appeared before the Court and denied that he had ever kept the detenus in detention or given any undertaking to produce them in Court as alleged. The Court recorded the statements of the…

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