P L D 1977 Lahore 340 (PLP)

Muhammad Yamin for A: G. Punjab for the State. K. H. Khurshid for Respondent. Date of hearing : 13th October 1976. The accused respondent herein had filed habeas corpus petition (Cr: Misc. No. 820/H of 1973) for release of two persons, allegedly, detained by Sialkot police. The bailiff deputed to recover the detenus reported that they were not in detention. It appeared as if an attempt was made to abuse the process of this Court. The accused respondent who was then working as a Clerk of an Advocate in the High Court was issued notice in this behalf. His reply was not considered as entirely satisfactory and the then O. S. D.-I of this Court was appointed to hold preliminary inquiry. The accused respondent submitted unconditional apology and desired not to contest the case. The O. S. D. submitted his report accordingly.

2. When the Court again took up the matter, on a question as to whether the O. S. D. could hold an inquiry, the accused respondent was main asked similar questions by the Court as were answered by him before the O. S. D. He did not change the position in any material particulars ; but his learned counsel requested for further inquiry to find out the factual position about the original controversy. He wanted to prove that his client was innocent. Accordingly, evidence was recorded against eight P. Ws, and for (9 D. Ws.) the accused respondent. He was also examined and afforded opportunity to explain his position.

3. The defence evidence had not yet concluded when the accused respon dent became victim of misfortunes including tuberculosis. The case has now been fixed after a long time. The accused respondent has appeared in person. He visibly appears to be a very sick man. He has offered the following statement :- "I have given up my job as lawyer's clerk in the High Court. It happen ed about a year ago and I left Lahore for Sialkot. I am since then residing in the village. I started Zamindara work but I am now seriously ill. I am suffering from tuberculosis. I have absolutely no intention of again adopting the profession as a lawyer's clerk. My wife has also died and I would not function as a clerk. Amongst others, one of the reasons I gave up the job of lawyer's clerk in the High Court is this case."

4. I have carefully considered the entire case. The accused respondent bad no intention of contesting the case on the factual side at the initial stage. At a later stage, however, it appears, for reasons which need not be gone into, he raised a contest. His first reaction to the notice from the High Court was of "unconditional apology" and "no contest on factual side." Notwith standing the later change, which might be under some misunderstanding, his case can be considered on the basis of the original spontaneous unconditional apology. His above-quoted statement shows that he has already given up practice as lawyer's clerk. He has suffered the agony of a trial and is now also suffering from a serious disease. Considering also the circumstances of the case, I consider it in the interest of justice not to proceed any further in this case and to discharge the accused respondent. Order accordingly. S. A. H. Accused discharged.