AJMAL MIAN, C.J.-- The petitioner is the brother of detenu Bilawal son of Sirajuddin Sehto. Who holds an Indian Passport. This is an application under section 491, Cr.P.C challenging his arrest. He was detained on 16-11-1987 by respondents Nos.4 and 5. The above petition was filed at Hyderabad Circuit. The same was received by this Court in the end of December, 1988 at the principal seat. We had issued notices to the learned Advocate-General as well as to the learned Deputy Attorney- General for ascertaining the factual position. In response to the above notice, Mr. Abdul Hafeez Lakho, learned Advocate-General, has submitted that the detenu is being tried' under section 2(1)
(d)(ti) of the Pakistan Army Act, which reads as follows:- "(d)persons not otherwise subject to this Act who are accused of-- (i)
(ii)having committed, in relation to any work of defence, arsenal, naval, military or air force establishment or station, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Pakistan. An offence under the Official Secrets Act, 1932; or"
2. In support of the above submission, a photostat copy of the detenu's alleged confession has been produced, which was recorded by the learned Magistrate First Class Court No. XV, South Karachi, on 17-6-1988 in which the detenu has allegedly admitted the factum of indulging in activities detrimental tc the security of Pakistan 3 It is not necessary for us to go into the question whether the above alleged judicial confession is sufficient for proving the guilt but we are satisfied that it is not a fit case in which this Court can exercise jurisdiction under section 491, Cr.P.C.
4. The petition is, therefore, dismissed. The photo-stat copy of the confession is returned under seal to the learned Advocate-General.
N.H.Q./M-762/K