MUKHTAR HUSSAIN vs DISTRICT MAGISTRATE, JHANG AND ANOTHER — 1970 PCRLJ 1002

Citation: 1970 PCRLJ 1002

Court: Lahore High Court

Year: 1969

Decision Date: 1969-09-22

Parties: MUKHTAR HUSSAIN vs DISTRICT MAGISTRATE, JHANG AND ANOTHER

Headnotes

Case cited as 1970 PCRLJ 1002

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Fazle Ghani Khan Title: MUKHTAR HUSSAIN vs DISTRICT MAGISTRATE, JHANG AND ANOTHER Case No.: Criminal Miscellaneous No. 5528/H of 1969 Date of Judgment:1969-09-22 Reported As: 1970 P Cr. L J 1002 Result: Order accordingly JUDGMENT JUDGMENT Mst. Anwar Bibi has been produced by the bailiff of this Court from the custody of Superintendent Jail, Jhang. The Assistant Superintendent Jail, Jhang, has stated that she was detained by him under the warrants issued from the Court of District Magistrate, Jhang, under section 552, Cr. P. C. He has produced that original warrant in Court. Let it be placed on record. 2. The learned Advocate-General concedes that the District Magistrate had no power to detain Mst. Anwar Bibi in the District Jail, Jhang, and his order is illegal although he has passed this order with good intention. I am, however, not satisfied with this explanation of the learned Advocate-General because nothing can be said to have been done in good faith if it is in clear disregard of the express provisions of law or has been done without proper care and attention. 3. The circumstances in which Mst. Anwar Bibi was directed to be detained in the judicial lock-up by order of the learned District Magistrate can best be stated from the file of the District Magistrate, which has been placed on record by the learned Advocate-General. It shows that on the 26th of August 1969 Mst. Fateh Bibi complained to the District Magistrate,…

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