| Case ID |
eb82a69c-c6cb-4f8e-9a6a-a3fa5481f378 |
| Body |
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| Case Number |
Criminal Miscellaneous Petition No. 925 of 1957 |
| Decision Date |
Aug 02, 1957 |
| Hearing Date |
Jul 31, 1957 |
| Decision |
The Lahore High Court ruled that the detention of Mst. Mumtaz Begum was illegal as it did not comply with the provisions outlined in the Pakistan (Recovery of Abducted Persons) Ordinance of 1949. The court held that the authorities lacked jurisdiction to detain her in Pakistan since her arrest in Azad Kashmir was not conducted under the Ordinance. The decision emphasized that the High Court retains jurisdiction to review such detentions and that the fundamental rights guaranteed under the Constitution of Pakistan apply irrespective of the status of the individual as a citizen or not. Consequently, Mst. Mumtaz Begum was ordered to be released immediately. |
| Summary |
This case revolves around the illegal detention of Mst. Mumtaz Begum, who was arrested by the Pakistan Police in Azad Kashmir and transferred to a recovery camp in Lahore. The Lahore High Court, presided over by Muhammad Shafi, J., examined the legal framework surrounding the detention under the Pakistan (Recovery of Abducted Persons) Ordinance, 1949, and the Constitution of Pakistan. The court highlighted the importance of jurisdiction, asserting that the Ordinance does not extend to Azad Kashmir, making the arrest unlawful. The ruling reinforces fundamental rights, asserting that no individual should be deprived of liberty without adherence to legal procedures. The case underscores the necessity for law enforcement to act within established legal boundaries, ensuring that the rights of individuals, regardless of their citizenship status, are protected. This landmark decision adds to the jurisprudence surrounding personal liberty and the scope of judicial review in cases of unlawful detention. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SHAFI, J
|
| Lawyers |
S. M. Zafar,
S. A. Mahmud, A.A.G.
|
| Petitioners |
Sakhi Daler Khan
|
| Respondents |
SUPERINTENDENT IN CHARGE, RECOVERY OF ABDUCTED WOMEN
|
| Citations |
1957 SLD 88,
1957 PLD 813
|
| Other Citations |
Rahim v. Emperor A I R 1944 P C 73,
Mst. Rehmat v. Officer In Charge Muslim Recovered Women's Camp Muslim High School Building Patiala and another A I R 1955 Pepsu 48
|
| Laws Involved |
Pakistan (Recovery of Abducted Persons) Ordinance, 1949,
Constitution of Pakistan, 1973
|
| Sections |
2(a),
4,
6,
8,
5(2),
7
|