' Briefly stated the facts are that a case under section 10/16 Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with sections 365, 380, 324 and 34, P.P.C. Stands registered against Mst. Mumtaz Bibi and 4 others. All the accused were produced before judicial Magistrate for their physical remand on 27-6-1998. The Judicial Magistrate granted personal remand of all the accused but sent Mst. Mumtaz Bibi to Judicial lock up. As Mst. Mumtaz Bibi was accompanied by her three minor issues and she expressed apprehension to their lives at the hands of complainant, so the Judicial Magistrate ordered that minors be also kept in judicial lock-up. However, he ordered the Superintendent Jail to make special arrangement for their boarding and lodging in the jail.
2. Instant petition has been filed to assail this order to the extent of sending the minors to jail alongwith Mst. Mumtaz Bibi, inter alia, on the ground that minors could not be sent to jail and their presence in jail amounts to illegal detention. It is further argued that Judicial Magistrate should have referred the minors to District Magistrate/Collector for lodging them in any welfare centre.
' It is further urged that petitioner has no adverse interest to the rights of minors and the custody of the minor be handed to him.
3. Vide Order dated 3-7-1998 Superintendent Central Jail, Rawalpindi (respondent No,2) was directed to produce Mst. Mumtaz Bibi alongwith minors in the Court. Accordingly she has been produced in the Court alongwith her three children. On inquiry she informed that she apprehends danger to the lives of her children at the hands of present petitioner, though he is her real brother.
She further stated that she also apprehends danger at the hands of complainant who is elder brother of her previous husband Mazhar. She stated that she would like that her children are allowed to stay with her in jail.
4. A perusal of order dated 27-6-1998 clearly shows that minors were sent alongwith Mst. Mumtaz Bibi as she apprehended danger at the hands of complainant. Now she has expressed a similar apprehension even against the present petitioner who claims himself to be her brother. The mere fact that minors have been sent alongwith Mst. Mumtaz Bibi does not constitute their lodging in jail as illegal detention. The minors have been sent to judicial lock-up to safeguard their lives. Such order does not constitute any illegal detention and is not covered under the provisions of Article 199, of the Constitution of Islamic Republic of Pakistan, 1973 read with section 491, Cr.P.C. The petition is held to be misconceived and is accordingly dismissed.