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Criminal Petition for Special Leave to Appeal No. 108 of 1981, decided on 29th March, 1981.

(On appeal from the judgment of Lahore High Court, dated 2-2-1981 in Writ Petition No. 67 of 1981).

- Arts. 195 & 199--Detention-Detenu one of several persons sent out of country in exchange of passengers of P. I. A. plane hijacked to Kabul-Detenu being no longer within territorial jurisdiction of Courts of Pakistan or within control or jurisdiction of Government of Pakistan or of Provinces, petition, held, became infructuous, in circumstances. [Jurisdiction].

Sh. Shaukat Ali, Senior Advocate Supreme Court and Rana Magbool Ahmad Qadri, Advocate-on-Record .for Petitioner.

Nemo for the State.

Date of hearing : 29th March, 1981.

-This is a petition for leave to appeal from the judgment of Lahore High Court, dated 2-2-1981 dismissing Writ Petition No. 67 of 1981 by which the petitioner called in question the order of deten tion of her husband, Sardar Mazhar Ali Khan, in jail custody.

Sheikh Shaukat Ali, learned counsel for the petitioner, states at the Bar that the detenu is one of the several persons who have recently been sent out of the country in exchange of the passengers of P. I, A. plane hijacked to Kabul and then to Damascus. According to the learned counsel even the action of sending the detenu out of the country against his consent and by force is not warranted by law.

This development has taken place after the decision of the High Court and it lends an altogether different complexion and content to th proceedings. The detenu is no longer within the territorial jurisdietio 't of Courts of Pakistan or within the control or jurisdiction of the Govern ment of Pakistan or of the Provinces. The petition has been come infructuous for the present and is dismissed accordingly.

Order accordingly.

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