MUHAMMAD AFZAL Versus PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION

1. The petitioner, Muhammad Afzal, has moved this Habeas Corpus petition under section 491, Cr.P.C. for the recovery and production of the detenu, Muhammad Yasin son of Muhammad Ibrahim, before this Court so that he may be dealt with in accordance with law.

2. The abovesaid detenu has been recovered and produced before this Court today. The bailiff has also submitted the detailed report which discloses that the detenu was taken into custody on 23‑12‑1987 in spite of his protest that he was neither a partner nor owner of any brick kiln and nothing was due from him to the respondents. I have recorded the statement of the detenu. He stated that he is simply a clerk employed by the owners of the brick kiln. However, learned counsel for respondents submitted that the detenu is acting as an agent on behalf of owners of the brick kiln. He states that under law any Manager, representative or agent can be taken into custody if the amount required is not paid to the respondents. I do not find any lawful justification with respondents Nos. 1 to 3 to apprehend the detenu without having registered any case against him. Even otherwise the detenu is simply a clerk employed by the owner of the brick kiln. Under law he cannot be held responsible for the payment of the dues which dues are to be pail by the owner of the brick kiln to the respondents. This being A the position, the detenu was illegally and improperly detained by the respondents.

3. Accordingly, this petition succeeds and is allowed. The detenu is set at liberty. The respondents may proceed in the matter for the recovery of the amount against the owners or anybody else who is responsible for payment of the dues. With this observation this petition is disposed of.

4. S.Q./M‑771/L.

5. Petition allowed.