Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUNAWAR HUSSAIN VS Respondent: THE FEDERATION OF PAKISTAN
Court Name: Lahore High Court Judge(s): Muhammad Arif, Mian Mahboob Ahmad Title: MUNAWAR HUSSAIN vs THE FEDERATION OF PAKISTAN Case No.: Writ Petition No. 1869 of 1989 ICA 80/89 in , Date of Judgment:1989-05-21 Reported As: 1989 MLD 4676(1) Result: appeal is disposed of
Judgment ORDER M. MAHBOOB AHMAD, J--The learned Standing Counsel states that the provisions contained in section 86-A of the Code of Criminal Procedure are mandatory and he sees no reason why the appellant would be handed over to the Tribal Authorities without adhering to the provisions contained in the section aforementioned. He further submits that as held in Khawaja Khalid Pervez v. Federation of Islamic Republic and 7 others (PLD 1987 Lah. 323) the person arrested under section 85 Cr.P.C. If he has to be removed in custody to any place in the Tribal Area, is to be produced before a Magistrate within the local limits of whose jurisdiction the arrest is made. He undertakes to ensure that the provisions of section 86-A would be strictly complied with before the appellant is handed over to the Tribal Authorities. Learned counsel for the appellant submits that he would be satisfied if the undertaking given by the learned Standing Counsel that provisions of section 86-A will be complied with before any further action is taken against the appellant is carried out. That being so, this appeal is disposed of having borne fruit on the statement of the learned Standing Counsel. Copy of the order may be given dasti as prayed for by the learned counsel for the appellant on payment of usual charges. SA./M-1634/L Observation given.
---
## Page 2
revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.