ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

CONST. PETITION NO. D-684 OF 2013

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Dated                          Order with signature of Judge

For Katcha Peshi

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22.01.2014

Mr. Ghazanfar Ali Jatoi Advocate alongwith Petitioner’s son Ali Haider

Mr. Mustafa Mahesar, AAG

-.-.-.-.

            Through instant petition the Petitioner has sought production of his minor son Ali Haider, allegedly detained in illegal custody by the Respondents.

            It appears that the Petitioner has also filed an application under Section 491 Cr.P.C. before the concerned Court on which a raid commission was appointed and Ali Haider consequently was recovered and released. Detailed comments were filed wherein the Investigating Officer of Crime No.82/2011 asserts that Ali Haider was arrested under a proper mashirnama in Crime No. 21/2013 under Section 379 PPC of Police Station A-Section from its jurisdiction. However, this position is denied by the counsel who says that son of the Petitioner was arrested without any cause and a totally false report has been submitted. This being disputed question of facts cannot be adjudicated while exercising constitutional jurisdiction, therefore, we will leave it to the Petitioner to seek appropriate remedy in accordance with law.

            Petition stands disposed in above terms.

JUDGE

JUDGE

Amj/PA