' Through the instant ICA the appellant has challenged the legality and validity of order dated 19.10.2015 passed by learned Single Judgein-Chamber whereby writ petition filed by Muhammad Arshad was dismissed.
2. Heard. Record perused.
3. We noted that a petition filed by Naeem Shahzad for the recovery/production of his granddaughter Maheen Shehzadi and grandson Bilal Butt from the alleged improper custody of Neelam and Zaheer. The said petition was accepted and the custody of the minors was handed over to Naeem Shahzad. Feeling aggrieved of the said order, a writ petition was filed which was dismissed by a learned Single Judge in Chamber vide order dated 19.10.2015.
4. Firstly, we would like to examine the question of maintainability of the instant ICA in the light of Section 3 of the Law Reforms Ordinance, (XXII of 1972). So, for reference Section 3 is reproduced as under:.
"Appeal to High Court in certain cases:
1. An appeal shall lie to a Bench of two or more Judges of a High Court from a decree passed or final order made by a single Judge of that Court in the exercise of its original civil jurisdiction.
2. An appeal shall also lies to a Bench of two or more Judges of a High Court from an order made by a Single Judge of that Court under (clause (1) of Article 199 of the Constitution of Islamic Republic of Pakistan) not being an Order made under sub-paragraph (i) of paragraph (b) of that clause.
A bare reading of the above quoted provisions of law clearly indicates that in terms of subsection
(2) of section 3 of the Act ibid, no appeal lies against an order passed under sub-paragraph (b)(i) of clause (1) of Article 199 of the Constitution of Islamic Republic of Pakistan 1973. It is appropriate to reproduce the relevant part of the above Article here under: "199 Jurisdiction of High Court....... (1)
' Subject to the Constitution, a High Court may, if it is satisfiedthat no other adequate remedy is provided by law (a).....................
(i)......................
(ii).....................
(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 or in an unlawful manner. "
5. From the above provision of law it is crystal clear that this Court can issue a writ of habeas corpus and no appeal is competent against an order made under the above provision of law as section 3(2) of the Law Reforms Ordinance 1972 exclude the right of appeal.
6. For what has been discussed above, the instant appeal is not maintainable in view of section 3(2) of the law Reforms Ordinance, (XII of 1972) Resultantly, the Intra Court appeal having no merit is hereby dismissed in limine.