ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P. No.S-203 of 2021

Date	Order with signature of Judge

1. For orders on CMA No.6224/2021

2. For orders on office objection

3. For orders on CMA No.6225/2021

4. For hearing of main case.

06.09.2021

M/s. Ghulam Murtaza Buriro and Hamid Ali Memon, advocates a/w Petitioner

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1. Granted.

2to4. This petition has been filed by the Petitioner for issuance of writ of habeas corpus by directing the official Respondents to recover the detenue and produce her before this Court. As per contents of petition, the detenue is with Respondent No.7, who is presently residing at District Rahim Yar Khan. When learned Counsel for the petitioner was asked as to how instant petition is maintainable in view of Article 199(b)(i) of the Constitution of Islamic Republic of Pakistan, 1973, as the custody of detenue does not exist within territorial jurisdiction of this Court for which he replied that since the detenue was initially detained within the territorial limits of this Court and thereafter moved beyond such limits (to Punjab), this Court would retain territorial jurisdiction to issue a writ of habeas corpus under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. That, in my view, is a misconception. Article 199(b)(i) of the Constitution, under which a writ of habeas corpus is issued, is clearly for a person in custody within the territorial jurisdiction of the Court, which reads as under:-

“199. Jurisdiction of High Court (1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law-

b) on the application of any person, make an order-

i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority is an unlawful manner”.

Furthermore, the Petitioner earlier approched this Court by filing Cr. Misc. Application No. S-526 of 2021, which was dismissed vide order dated 30.08.2021, which is reproduced as under:-

“SIP/SHO Police Station Mirpur Mathelo files statement which is taken on record.

Heard learned Counsel for the Applicant and perused the statement filed by SIP/SHO Police Station Mirpur Mathelo, in which it is mentioned that said detenue Mst. Nafeesa has also filed two petitions of harassment against SSP Ghotki and others before III-Additional Sessions Judge Mirpur Mathelo and one has been filed before the Sessions Judge/Justice of Peace Rahimyar Khan for protection in which she has stated that she has contracted marriage with her own freewill without any pressure with Muhammad Azeem.

In view of these circumstances, no case if illegal detention is made out. Resultantly, instant petition is dismissed”.

In view of above, this petition is not maintainable and is hereby dismissed in limine alongwith pending application(s), if any.

Faisal Mumtaz/ PS JUDGE