LAHORE, April 1: The district and sessions judges have been empowered to entertain habeas corpus petitions under Section 491 of the Criminal Procedure Code and order production and release of unlawfully confined persons.
The decision was taken on Monday by the Lahore High Court administrative committee which met here with Chief Justice Falak Sher in the chair.
The decision follows amendment to the relevant provision and is applicable to the province of Punjab and the federal capital.
The AC order says:
“In view of sub-section (1A) of Section 491 Cr.P.C., as inserted by Ordinance No. VIII of 2002, it has been ordered that powers vesting in High Court under clauses (a) and (b) of sub- section (1) of Section 491, Code of Criminal Procedure, 1898, may also be exercised by the Sessions Judges, incharge of Sessions Divisions of Islamabad and the Punjab, within the territorial limits of Sessions Division in which they are posted from time to time, with immediate effect and until further orders. The Rules framed by the High Court under sub-section (2) of section 491 of the Code of Criminal Procedure contained in Chapter 4-F of High Court Rules and Orders, Volume V, shall, mutatis mutandis, apply to proceedings in cases, under section 491 of the Code before the Sessions Judges.”
