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Petitioner: SEN. Kh. MUHAMMAD SAFDAR VS Respondent: SENIOR SUPERINTENDENT OF POLICE, LAHORE AND 2Other
Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title:SEN. Kh. MUHAMMAD SAFDAR vs SENIOR SUPERINTENDENT OF POLICE, LAHORE
AND 2Other Case No.: Writ Petition No. 1815 of 1973 Date of Judgment:1973-09-16 Reported As: PLD 1974 Lahore 113 Result: Application dismissed Judgment ORDER This is an application by Senator Khawaja Muhammad Safdar, President, United Democratic Front, regarding the arrest of six persons namely :- (1) Mr. Ghularn Haider Wain (2) Mr. Muhammad Abbas Amar; (3) Mr. Irshad Ahmed (4) Mr. Rehman ; (5) Mr. Nur-ur-Rehman; and (6) Mr. Asghar A.I. 2. The application is accompanied by an affidavit in which it has been deposed " and nothing has been withheld or concealed." Though not disclosed in the petition but before me at the Bar it was conceded (on my asking) that the accused hereinbefore mentioned were violating an "order" passed under section 144 of the Code of Criminal Procedure, and it was for that violation of law that they were taken into custody. The non-disclosure of this voluntary nature of arrest in the petition as well as in the affidavit was not justified and I have not been shown any reason a to why this was done. On the arguments of the learned counsel thus advanced before me, it is evident, that the accused have been arrested for committing an offence for violating an "order" passed under section 144 of the Cr. P. C. And their arrest, which was voluntary, as such, cannot prima facie be taken exception to. Learned counsel drew my attention to paragraph 4 of the petition wherein it
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has been averred "that the above-named persons are not involved in any criminal case and the have been arrested without lawful excuse". This is a misrepresentation. From what has been written above it will be clear that this averment in the context and circumstances is not correct. The application apart from not the making out even a prima facie case, suffers from concealment and misre--presentation of facts. I am not impressed with the bona fide of such an application and am not inclined to admit it. The application is dismissedin limine.