Habeas Corpus

The law of Habeas Corpus in Pakistan is governed by Section 491 Code of Criminal Procedure, 1898 which gives any High Court of Pakistan, the ower to issue directions of the nature of a Habeas Corpus.
As per the wordings of the section, Any High Court may, whenever it thinks fit, direct:
(a)       that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law:
(b)       that a person illegally or improperly detained in public or private custody within such limits be set at liberty;
(c)       that a prisoner detained in any jail situate within such limits be brought before Court to be there examined as a witness in any matter pending or to be inquired into in such Court;
(d)       that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial or to be examined touching any matter pending before such Court-martial or Commissioners respectively.
(e)       that a prisoner within such limits be removed from one custody to another for the purpose of trial; and
(f)        that the body of defendant within such limits be brought in on the Sheriff’s return of cepi corpus to a writ of attachment.
(2)       The High Court may, from time to time, frame rules to regulate the procedure in the cases under this section.
(3)       Nothing in this section applies to persons detained under any other law providing for preventive detention.

Section 491(1) (a) & (b) of the Code of Criminal Procedure 1898 on the Court of Sessions Judge

Introduction Article 9 of the Constitution guarantees the security of person. It prohibits the deprivation of the right to personal liberty save in accordance with law. This guarantee is further re-enforced by Article 4, which states that every person shall enjoy the protection of law and be dealt with in accordance with law. This provision indeed establishes the principle of rule of law and due process procedure. The constitutional safeguards in the shape of Fundamental Rights are enforced through the superior courts viz. the Supreme Court (under Article 184(3)) and the High Courts (under Article 199(1)©). The comparable provisions in the Indian Constitution are Articles 32 and 226 thereof. Notwithstanding the abrogation of successive constitutions in Pakistan, such safeguards were retained in every newly enacted constitution... read more

Succession Petition

What is SUCCESSION CERTIFICATE?

The basic purpose of seeking a succession certificate by a family member is to withdraw the amounts of money left by the deceased with the banks, recover borrowed monies of the deceased person, recover insurance claims (if any) or any other similar investment in any of the savings either in the bank accounts and/or financial schemes.

For the purposes of obtaining a succession certificate either all of the legal heirs of the deceased persons, or some of them, or even one of them could apply to the court of Civil Judge .It is pointed out however that for transfer of the title of immovable properties a succession certificate is of not much help practically speaking, though it indicates the status of the surviving legal heirs with regards to the movable property; finances etc.

Succession Petition

Succession Certificate’s object is the collection of debts by the person who has the title of succession after the death of the person owning it. Rights of succession certificate to be decided in summary manner (1985 CLC 2211; 57 IC 641) The succession certificate can be granted in respect of the debt and securities and accounts, it cannot be granted in respect of jewelry(1988 CLC 1467). Joint certificate may be granted u/s 372 of the Succession Act 35 All 470. Bank Lockers are not included u/s 370 of  Succession Act 1925 , they are not heritable like Benevolent Fund or group insurance. (1999 MLD 703) if interest of justice so requires more than one succession certificate can be granted PLD 1968 Dacca 952.

The Court decides petition in a summary manner on tangible evidence in accordance with pleadings before Court, all complicated matters remedy lies for suit 2000 CLC 585; 1990 CLC 756; PLJ 1999 Lah. 662. The nomination gives right to collect the money, the nominate cannot deprive other legal heirs of their respective shares. 1974 SCMR 185.

If the person dies the bank accounts of the deceased are locked till the court order and creates problems for the kin, for this reason succession certificate from the court is collected after the procedure of the court of Pakistan. For Download follwoing certificate click here

Petition Sample for Succession Certificate is as under:

Title

Petition for grant of succession certificate

1. Name of deceased: The deceased Ali Mustafa S/o _________ R/o _________ died on ________.

2. Residence: The deceased ordinarily resided at the time of his death at within local limits of the court.

3. Members of family and relatives: The following are the members of the family and relatives of the deceased.

(i) _____________________                                   Widow

(ii) ____________________                                     Son

(ii) ____________________                                     Brother of the deceased

(iii)____________________                                     Sister of the deceased

4. Qualification of the deceased: The applicant is the son and one of the legal heir of the deceased.

5. There is no impediment to the grant of the certificate or to the validity thereof if it more granted, either u/s 37 or any other provision of the Succession Act or any other law.

6. The following debts and securities for which certificate is applied.

        (i) Account No ————— UBL —– Rs.

        (ii) Income saving Certificates No. ———— to No ——- each of the value of Rs 100,000.

Prayer

The applicant prays that a succession certificate be granted to him for the collection of the debt and securities specified in para 6 above ( and the petitioner further be entitled by the said certificate to receive the debts and securities within interest from the aforesaid banks.