' Petitioner is wife of the detents Jalal-ur-Rehman and sister-in-law of Khalil-ur-Rehman who are at present lodged in Central Jail, Sargodha. ' The grandfather of the detents is Sardar of Kalpur Tribe, Sub-Caste of Bugti Tribe of Sui Area District (Dera Bugti) Balochistan.
2. Both detenus were arrested in F.I.R. No,19 of 1998, dated 7-1-1998 under section 411, P.P.C. Police Station Satellite Town, Sargodha. They were subsequently remanded to judicial custody by order of the Illaqa Judicial Magistrate.
2. Two other cases F.I.R. No,168 of 1995 under sections 302, 324, 148, 149, P.P.C. And F.I.R. No,169 of 1995 under section 13 of Arms Ordinance, 1965 also stand registered at Police Station New Multan, District Multan, against the detents. They are still in judicial custody at Sargodha. Meanwhile the Government of Blochistan Home and Tribal Affairs Department sent a Requisition No,S0(Judl.)9(7)/90/94-95, dated 10-1-1998 to the Government of the Punjab Home Department, Lahore for execution of warrants of arrest of the detents Jalal-ur-Rehman issued by Judicial Magistrate IV, Quetta in case F.I.R. No,65 of 1992 under sections 302, 324, 147, 148, 149 and 120-B, P.P.C.
Registered at Police Station Civil Lines, Quetta. The said detenu has been declared as a proclaimed offender. Consequently, the Government of the Punjab, Home Department vide Letter No,50(Jud1.-104(1V)/97, dated 13-1-1998 asked the District Magistrate, Sargodha for the execution of the warrants upon Jalal Khan son of Abdur Rehman.
3. Learned counsel for the petitioner had previously filed writ petition without knowledge of issuance of the warrants of arrest of the detenu Jalal-urRehman and for his repatriation on the request of the Government of Baluchistan and the orders by the Government of the Punjab, issued to the District Magistrate, Sargodha. Learned counsel for the petitioner, therefore, filed the Civil Miscellaneous in this case to amend the writ petition.
4. Learned counsel has argued that there was only one requisition for repatriation of Jalal-ur- Rehman detenu in the case F.I.R. No,65 of 1992 registered at Police Station Civil Lines, Quetta and that there was no requisition in respect of Khalil-ur-Rehman.
5. Mr. Muhammad Sharif Ghumman, Section Officer Judicial-II, Home Department, Government of the Punjab, Lahore, present in Court, confirmed that the requisition by the Baluchistan Government was in respect of Jalal-urRehman only. Learned counsel further submitted that under the provisions of section 2 of the Removal of Accused Persons Act (LXXIII of 1973) only the Federal Government can make order for the removal of the accused/detenu Jalalur-Rehman from the Province of Punjab to the Province of Baluchistan. Reliance was placed on case of Ch. Zahoor Elahi v. State and 4 others 1975 PCr.LJ 1413. It is further contended that the custody of the accused detenu was being regulated by the Judicial order of the Illaqa Judicial Magistrate, Sargodha who could not have been transferred by an executive order of the Government. A further argument was also raised that the detent was firstly required to be prosecuted by the Courts in the Province of Punjab, before being handed over to the Government of Baluchistan Province. Learned counsel expressed serious apprehension that there was every likelihood in view of prevailing tension between the Kalpar Tribe of the accused detent with that of Nawab Muhammad Akbar Khan Bugti that Jalal-ur- Rehman Khan detenu might be murdered. It was stated at the bar that a number of persons from the petitioner's side have already been murdered by the other side.
6. On the other hand learned Additional Advocate-General, Punjab as also learned counsel for the complainant argued that warrants of arrest issued by the competent Court, are executable under section 82, Cr.P.C. At any place throughout Pakistan. It was further argued that under section 86, Cr.P.C. Removal of the accused-detenu Jalal-ur-Rehman shall be only with the permission of the learned Illaqa Judicial Magistrate/District Magistrate, Sargodha. It was further pointed out that there were also two other cases, F.I.R. No,17 of 1995 under section 2 registered at Police Station Sohbat Pur, District Jalalabad and F.I.R. No,14 of 1995 under section 324, P.P.C. Registered at Police Station Sui in the Province of Balochistan in which the said accused/detent was involved.
7. I have heard the learned counsel for the petitioner. I also perused the record, as produced by the Section Officer (Judi.-II) of the Home Department, Lahore; and Muhammad Qamar, Police Inspector Crimes Branch, Quetta, Baluchistan.
8. In the facts and circumstances of this case no exception can be taken by this Court to the execution of warrants issued by the competent Court from Baluchistan, if otherwise in accordance with law.
9. Under Article 190 of the Constitution of Islamic Republic of Pakistan, 1973 full faith and credit is required to be given throughout Pakistan to the Judicial proceedings of every Province. The warrants of arrest, if competently issued, are executable but in accordance with provisions of the Criminal Procedure Code, particularly the provisions of sections 82 and 86-A thereof. The present case does not present a situation which may attract the provision of section 2 of the Removal of Accused Persons Act (LXIII of 1973) wherein the Federal Government may have to exercise the overriding power for the removal of any accused person from one Province to another. In a given case such powers by the Federal Government may be exercisable even where the Provincial Government may not agree for removal of an accused to a Province to be kept in custody therein.
The reliance by the learned counsel in case of Ch. Zahoor Elahi (supra) is misplaced. The authorities may proceed further that strictly in accordance with law with full responsibility of personal safety and security of the accused detent Jalal-ur-Rehman. The learned Illaqa Judicial Magistrate/District Magistrate, Sargodha may take further proceedings but strictly in accordance with law.
10. The Government of the Punjab shall be responsible for taking all necessary measures to ensure personal safety and security of the detent alal-ur- Rehman in case he is removed to the Province of Baluchistan.
11. In this view of the matter, this writ petition fails and is dismissed to the extent of Jalal-ur-Rehman but is allowed in respect of the detent Rehman.