GHULAM HYDER SHAH vs PROVINCE OF SINDH through Home Secretary Government of Sindh art

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GHULAM HYDER SHAH VS PROVINCE OF SINDH through Home Secretary Government of Sindh art. 199(1)(b)(i)---Criminal Procedure Code (V of 1898), S. 491---Constitutional petition--- Habeas corpus--- Factual controversy---Scope---Held, that petition had been filed under constitutional jurisdiction of the High Court which had its own limitations---Record revealed that the petitioner had got issued his family tree (from NaDRa) after about four months of institution of present petition---Respondents (accused persons) had claimed that the petitioner had given a fake name to his son---Such controversy could not be resolved without proper inquiry/trial as well as examination of record and custodian thereof---Relief, which was dependent upon determination of controversial questions of facts, could not be granted under constitutional jurisdiction---Petitioner had not disclosed the specific place and names of persons who had allegedly wrongfully confined his son (alleged detenue)---Petitioner had given contradictory statements regarding his son's status (studies, health conditions etc.)---Petitioner had, prima facie, suppressed true facts and had made attempt to get favourable order and even using a non-existant person to be the 'abductee'---Constitutional petition was dismissed with costs, in circumstances. Citation Name: 2023 YLR 1746 KARACHI-HIGH-COURT-SINDHBookmark this Case GHULAM HYDER SHAH VS PROVINCE OF SINDH through Home Secretary Government of Sindh S. 491---Habeas corpus---"Illegal or improper detention"--- "Abduction" "kidnapping"---Distinction---Provision of S. 491, Cr.P.C., would not be available in a matter where the matter was not one of 'illegal/improper detention' but was that of 'abduction/kidnapping'---For allegation of abduction, the law enforcing agency, on initiation of investigation, could competently move to any place for recovery but following the procedure which included a right to get forceful ingress too---Since allegation/ claim, in the present case, was not that of improper detention but that of abduction without disclosing specific place of detention of such claimed abductee, provision of S. 491, Cr.P.C. was of no help to the petitioner to advance his case---Petitioner had failed to prove his case---Constitutional petition was dismissed with costs. Citation Name: 2023 YLR 1746 KARACHI-HIGH-COURT-SINDHBookmark this Case GHULAM HYDER SHAH VS PROVINCE OF SINDH through Home Secretary Government of Sindh S. 491---Habeas corpus petition---Rule nisi---Scope---Alleged abduction of petitioner's son---Place of detention, disclosure of---Purpose of provision of S. 491 of Criminal Procedure Code, 1898, was meat to get a rule nisi issued so as to get the person, alleged to be illegally detained, free, without going into any details of any complicated questions or inquiry---Summary nature of the proceedings always demanded pointing out of the specific place of detention and a general and vague claim of detention of a person without specific place of confinement would not be sufficient to issue a rule nisi---Petitioner having not specifically disclosed the place of detention of alleged detenue, S. 491, Cr.P.C. through the present petition, being a constitutional one could not help the petitioner---Petitioner had failed to prove his case and, in fact, had filed the present petition with mala fide intention by suppressing the real facts---Total effect of such acts and omissions could not be ignored lightly rather deserved an action so as to discourage such like attempts in future---Constitutional petition was dismissed with costs. Citation Name: 2023 YLR 1746 KARACHI-HIGH-COURT-SINDHBookmark this Case GHULAM HYDER SHAH VS PROVINCE OF SINDH through Home Secretary Government of Sindh S. 491---Constitution of Pakistan, Art. 199---Habeas corpus petition---High Court, jurisdiction of---Recovery of detenue---According to S.491, Cr.P.C, habeas corpus petition could be filed in appellate criminal jurisdiction of the High Court if detenue was illegally or improperly detained within its territorial jurisdiction. Citation Name: 2023 YLR 1746 KARACHI-HIGH-COURT-SINDHBookmark this Case GHULAM HYDER SHAH VS PROVINCE OF SINDH through Home Secretary Government of Sindh S. 491---Habeas corpus petition---Remedy---Scope---Law provided a remedy for a genuine cause/grievance---If any time, a lawful remedy/course was, apparently, being exploited for personal reasons or to cause pressure upon a rival then such move needed to be examined---Petitioner had filed the petition with mala fide intention by suppressing the real facts---Constitutional petition was dismissed with costs. Citation Name: 2023 YLR 1746 KARACHI-HIGH-COURT-SINDHBookmark this Case GHULAM HYDER SHAH VS PROVINCE OF SINDH through Home Secretary Government of Sindh S. 491---Constitution of Pakistan, Art. 199---Constitutional petition---Habeas corpus---Concealment of facts---Effect---Petitioner had not disclosed in the pleadings the details of any agricultural lands under his possession especially having allotted land from Forest Department in the name of his wife---Petitioner had failed to prove his case and, in fact, had filed the present petition with mala fide intention by suppressing the real facts---Total effect of such acts and omission could not be ignored lightly rather deserved an action so as to discourage such like attempts in future---High Court directed the concerned Senior Superintendent of Police to initiate legal proceedings against the encroachers of the Forest lands---Constitutional petition was dismissed with costs. Citation Name: 2023 YLR 1746 KARACHI-HIGH-COURT-SINDHBookmark this Case GHULAM HYDER SHAH VS PROVINCE OF SINDH through Home Secretary Government of Sindh art. 199---Criminal Procedure Code (V of 1898), S. 491---Constitutional petition--- Habeas corpus--- Petitioner (a government employee) contended that he had joined a political party, the respondents allegedly used to compel him to join a rival political party and on his refusal, they abducted his son---Held that being a government servant the petitioner could not join any political party---Total effect of such acts and omissions on part of petitioner could not be ignored lightly rather deserved an action so as to discourage such like attempts in future---Constitutional petition was dismissed with costs.

GHULAM HYDER SHAH vs PROVINCE OF SINDH through Home Secretary Government of Sindh art — 2023 YLR 1746 KARACHI-HIGH-COURT-SINDH

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