1. ' The applicant Musmat Khursheed Begum has sought following relief through this Criminal Miscellaneous Application under section 491, Cr.P.C.
2. ' Direct the respondents Nos.2, 3, 4 to produce the detenu Muhammad Saeed, before this Hon'ble Court and be pleased to set free the said detenu.
(2) The respondents to produce documents if the detenu has been involved in any case/cases.
(3) Any other relief that may be deemed fit and proper under the circumstances of the case, may be awarded to the Applicant."
3. ' The facts in brief as disclosed in the application are that on 25-4-1999 Muhammad Saeed son of the applicant was arrested by respondents Nos.2 to 4 and that he was in wrongful detention with them.
4. ' In pursuance to the notice issued by this Court Sheikh Shoaib Ali Sub-Inspector A.D.R.C., District West Karachi appeared along with Mr. Habib Ahmed learned Assistant Advocate-General Sindh and he has filed comments which are kept on record. The contents of same are reproduced herein under for ready reference:-- "Subject: Constitutional Petition Under Article 199 of Islmiac Republic of Pakistan.
5. ' It is submitted that Anti-Dacoity Robbery Cell was established under the direct supervision of the worthy Senior Superintendent., of Police District West to smach down the vice dens, as well as to curb down the ratio of dacoity and robbery in the whole District West.
6. ' On 5-5-1999, accused Muhammad Saeed alias Kalia s/o. Muhammad Shareef was arrested by the undersigned in case crime No,X. Of 1999 under section 54, Cr.P.C. He was thoroughly interrogated then he disclosed that he along with his compains committed offence of murder, dacoity and robbery in District West, Central and on his pointation two pistols 30 bore along with 20 rounds have been recovered within the jurisdiction of Mominabad Police Station. Hence in this connection a case vide F.I.R. No,133 of 1999 under section 13-E Arms Ordinance has been registered at Police Station Mominabad.
7. ' The accused was produced before the Hon'ble Court for the purpose to obtain police custody remand. The Hon'ble Court of Judicial Magistrate Court No,VI Karachi West has pleased to grant remand police custody in case F.I.R. No,189 of 1998 under section 392/34, P.P.C. Of Police Station Orangi Town in which the above named accused was wanted.
8. ' Now the accused person is in police custody remand of Police Station Orangi Town Karachi.
9. ' In view of the above circumstances, it is, therefore, requested that I, the undersigned may kindly be exonorated from the allegation in the interest of justice.
10. ' Submitted for kind perusal.
11. (Sd.)
12. (Sheikh Shoib Ali)
13. Sub-Inspector, Posted at ADCR, District West, Karachi.
14. ' District West, Karachi.
15. ' We have heard Mr. Nawab Mirza learned counsel for the applicant as well as Mr. Habib Ahmed learned A. A.-G. For the State and perused the material placed on . Record.
16. ' The perusal of comments show that detenue Muhammad Saeed was arrested in Crime No,X of 1999 under section 54, Cr.P.C. And at his pointation arms and ammunition were recovered and he was booked in Crime No,133 of 1999 under section 13-E, Arms Ordinance of Police Station Mominabad. The detenue was also wanted in Crime No, 189 of 1998 under sections 392 and 34, P.P.C. Of Police Station Orangi Town Karachi and his remand was obtained from Judicial Magistrate Court No,VI Karachi West. Thus, the detenue is involved in substantive offences. In the circumstances the detenue may if so advised avail of remedies provided by law before appropriate Courts.
17. It will not be out of place to mention here that the proceedings under section 491, Cr.P.C. Are of summary nature. The power of this Court under section 491, Cr.P.C. Is limited and normally this Court does not embark upon an inquiry or investigation with regard to the disputed facts. When a competent authority states that a certain person has been detained under statutory provision of law or under some substantive offence i. e. a penal law, then this Court cannot question the validity or invalidity of such detention. For the redress of such a grievance an alternate and adequate remedy is provided by law and forums are created. In view of this, the contention of the learned counsel for applicant that action for wrongful detention of detenue may be taken by this Court is misconceived. Consequently the application merits no consideration and it is dismissed accordingly.