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Before Karam Elahee Chauhan, J
SEN. Kh. MUHAMMAD SAFDAR-Petitioner
versus
SENIOR SUPERINTENDENT OF POLICE, LAHORE
AND 2 OTHERS-Respondents
Writ Petition No. 1815 of 1973, decided on 17th September 1973.
Constitution of Pakistan (1973)
Art. 199(1)(b)(i) and Criminal Procedure Code (V of 1898), S. 491 Habeas corpus-Accused arrested for violation of order passed under S. 144, Cr. P. C.-Arrest voluntary-Averments in petition in correct and based on concealment and misrepresentation of facts Application, held, not bona fide and therefore dismissed in limine.
Malik Muhammad Nawaz for Petitioner.
This is an application by Senator Khawaja Muhammad Safdar, President, United Democratic Front, regarding the arrest of six persons
namely :-
(1) Mr. Ghularn Haider Wain
(2) Mr. Muhammad Abbas Amar;
(3) Mr. Irshad Ahmed
(4) Mr. Rehman ;
(5) Mr. Nur-ur-Rehman; and
(6) Mr. Asghar Ali.
2. The application is accompanied by an affidavit in which it has been deposed " and nothing has been withheld or concealed." Though not disclosed in the petition but before me at the Bar it was conceded (on my asking) that the accused hereinbefore mentioned were violating an "order" passed under section 144 of the Code of Criminal Procedure, and it was for that violation of law that they were taken into custody. The non-disclosure of this voluntary nature of arrest in the petition as well as in the affidavit was not justified and I have not been shown any reason a to why this was done. On the arguments of the learned counsel thus advanced before me, it is evident, that the accused have been arrested for committing an offence for violating an "order" passed under section 144 of the Cr. P. C. and their arrest, which was voluntary, as such, cannot prima facie be taken exception to. Learned counsel drew my attention to paragraph 4 of the petition wherein it has been averred "that the above-named persons are not involved in any criminal case and the have been arrested without lawful excuse". This is a misrepresentation.
From what has been written above it will be clear that this averment in the context and circumstances is not correct. The application apart from not the making out even a prima facie case, suffers from concealment and misre presentation of facts. I am not impressed with the bona fide of such an application and am not inclined to admit it. The application is dismissed in limine.
S. A. H.
Application dismissed.
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