1990 P Cr (PLP)

Letter marked `N' has been received through post. Let it be placed on the file of this case. It is a matter of pleasure that the efforts made by Ansar Burney Welfare Trust. for tracing out the relatives of deaf and dumb woman namely Mst. Mumtaz Begum have borne fruit and she has safely reached home. The service, which is being rendered by Ansar Burney Welfare, Trust to the humanity is really appreciable. On 5-10-1987, Assistant Commissioner Khanpur had sent Mst. Mumtaz Begum, a deaf and dumb lady to Darul Aman Bahawalpur for an indefinite period. She remained there for about two years. Another deaf and dumb lady Mst. Hanifan remained confined for more than 10 years under the order dated 19-9-1980 of the then Deputy Commissioner/District Magistrate, Bahawalpur. Neither the learned A.C., Khanpur nor the learned Deputy Commissioner, Bahawalpur, were authorised by the law of land to send or keep them in Darul Aman for indefinite time. They had no legal authority to send the women against their consent to Darul Aman. They could not keep them in Darul Aman even with their consent for period exceeding 15 days at a time. Law views with disfavour unlawful detention even for a moment. Strangely after their admission in Darul Aman, the aforesaid women were neither forwarded to Deputy Commissioner/Assistant Commissioner for further orders nor were they summoned by the D.C./A.C. A person accused of a murder cannot be detained A for a period exceeding 15 days at a time, then how could the two women be kept in Darul Aman for such a long time under a single order. It is an unfortunate matter. Deputy Commissioner, Bahawalpur and Assistant Commissioner, Khanpur have prima facie misused their authority and are guilty of wrongful confinement. It is necessary in the interest of effective administration of justice to proceed against them. Let notices be issued directing them to appear before the Court to show under what authority of law they had sent the two women for an indefinite period to Darul Aman, Bahawalpur. Deputy Registrar of this Court will find out the names of the then Deputy Commissioner. Bahawalpur and Assistant Commissioner, Khanpur, and will issue notices to them for next date.

2. It has already been observed by this Court in several cases IB that the Magistrates/Assistant Commissioners/District Magistrates/Sessions Judges/Additional Sessions Judges have no authority under the law to send and to keep a woman against her consent in Darul Aman. In any case, no single order for her detention even with her willingness should be passed for a period exceeding 15 days. On expiry of 15 days, Incharge Darul Aman must produce them before the Officer concerned for further orders. As for Darul Aman Authorities they are under no legal obligation to receive/detain a woman in compliance with illegal orders. If the order is obviously illegal then Darul Aman Authorities would be justified in refusing to execute such orders. Otherwise they cannot escapee consequential penal liability of wrongful confinement.

3. To come up on 30-10-1989. SA./S-621/L Notices issued.