HABEAS CORPUS
- Ä Discuss the powers of HIGH COURT to issue directions of the nature of a Habeas Corpus.
- Ä Discuss the powers of High Court regarding illegal and improper detention of persons under the CR.P.C.
- Ä Write a note on Habeas Corpus with reference to CR.P.C.
INTRODUCTION
RELEVANT PROVISIONS
Section 491 of CrPC
Cross Reference
Art. 4, 9, 199 of Constitution Of Pakistan.
MEANING OF HABEAS CORPUS
Tauqir Fatima Vs. Iqbal Mehdi Shah
“Proceedings by way of habeas Corpus are proceedings, calling upon a person having custody of another person to produce him and demonstrate, under what authority he holds him in custody.”
POWER TO ISSUE DIRECTIONS OF THE NATURE OF HABEAS CORPUS U/SEC 491
I- DISCRETIONARY POWER
II- MODE OF EXERCISING POWER
i) Suo Motu
ii) On the Application of Aggrieved Person
III- NATURE OF PROCEEDINGS U/SEC 491
IV- TWO FOLD JURISDICTION
High court u/sec 491 CrPC exercise two fold jurisdiction
i) To direct production of a person, who is illegally detained , so that to set him at liberty.
ii) To direct production of a person so that he could be dealt in accordance with law.
DIRECTIONS WHICH CAN BE ISSUED
Following Directions may be issued by the Courts u/sec 491
1- PERSON BE BROUGHT BEFORE THE COURT
2- PERSON BE SET AT LIBERTY
3- PRISONER BE EXAMINED AS WITNESS
4- PRISONER BE BROUGHT BEFORE COURT MARTIAL OR ANY COMMISSIONER
5- TRANSFER OF DEFENCE FORM JAIL
6- BODY OF DEFENDANT BE BROUGHT IN ON THE SHERIFF’S RETURN OF CEPI CORPUS
SECOND PETITION
1999 M.L.D 1250
CONVERSION OF PETITION INTO BAIL APPLICATION
1991 P.Cr.L.J 408
EXPECTATIONS TO HABEAS CORPUS PROCEEDINGS
A writ cannot be granted in the following cases;
i) Where person is detained in accordance with law
ii) Where the affect of it would be to review the judgment of one of the superior court.
iii) Where the person concerned is not situated within the limits of its appellate criminal jurisdiction.
DELEGATION OF POWERS BY HIGH COURT U/SEC 491
CONCLUSION
By the above discussion, in the end I can say that
No comments:
Post a Comment