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MUHAMMAD AJMAL KHAN versus MUHAMMAT SHAFAAT


Article 199 (1) (b) (i) Civil Procedure Code (V 1908), O XLVII, r If O falls within the scope of XLVII, the final rule of the criminal nature of the written proceedings, much less the technical rule of the judiciary Not acceptable if new foundations are discovered.
P L D 1976 Lahore 396

Before A. R. Sheikh, Karam Elahee Chauhan and Ataullah Sajjad, JJ

MUHAMMAD AJMAL KHAN‑Petitioner

versus

LT: COL. MUHAMMAD SHAFAAT AND 4 OTHERS‑Respondents

Criminal Miscellaneous No. 328/H of 1974, decided on 6th May 1975.

Per A. R. Sheikh, J.

(a) Habeas corpus‑

‑‑ Legislation‑History and precedents.

Kishori Lal v. The Crown I L R 1945 Lah. 573; Re: Hastings No. 3 (1959) 1 A E R 698; Re: Hastings (1958) 1 A E R 707; Eshugbayi Eleko v. Govern ment of Nigeria (Officer Administering) 1928 A C 459; Re: Hastings (No. 2) (1958) 3 A E R 625; Essays in Constitutional Law by R. E. Y. Heuston 1964 Edn., p. 127; Ex parte Schtraks (1964 1 C B 191; C. P. Matthen and others v. District Magistrate, Trivandrum and another A 1 R 1939 P C 213 and Hori Ram Singh v. Emperor A I R 1939 F C 43 ref.

Per Karam Elahee Chauhan, J.‑

Mst. Nasim Fatima v. Government of West Pakistan and another P L D 1967 Lah. 103; C. P. Matthen and others v. District Magistrate, Trivandrum and another A I R 1939 Mad. 744 (P C) ; District Magistrate, Trivandrum v. K. C. Mammon Kappillai and 5 others I L R 1939 Mad. 708; Zia‑ur‑Rahman v. The State P L D 1974 Note 3 at p. 4; The State v. Ziaur Rahman and others P L D 1973 S C 49; Muhammad Mukhtar Rana v. The State and 2 others P L D 1973 S C 614; Abdul Aziz v. Muhammad Ali and others P L D 1967 Lah. 762; Mian Jamal Shah v. The Member, Election Commission etc. P L D 1966 S C 1; Sirindra Nath Benerjee v. Birendra Nath Pal I L R 54 Cal. 727; Eshugbayi Elaki v. Government of Nigeria (Officer Administering) 1928 A C 459 and Mst. Haydari Begum v. Jawan Ali Shah A I R 1934 All. 22 ref.

(b) Habeas corpus‑

-- Legislation‑Philosophy of principle underlying.

Per A. R. Sheikh, J.‑

(c) Criminal Procedure Code (V of 1898)‑

--S. 491‑Constitution of Pakistan (1973), Art. 199(1)(b)(i)‑Habeas corpus‑Jurisdiction under Art. 199‑Much wider in scope than under S. 491.‑[Habeas corpus].

There is authority for the view that jurisdiction under Article 199(1)(b)(i) is much wider than section 491 of the Code of Criminal Procedure

Mian Ghulam Jilani, Maj.‑Gen. (Retd.) v. Federal Government of Pakistan P L D 1974 Lah. 153 ref.

(d) Const

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