JUDGMENT

Abdul Raoof, J. - This is an application presented by Mr. W.B. O'Connor, Barrister-at-Law, on behalf of Mr. Douglas Donald and Mr. William Henry Donald under the circumstances summarised below invoking the owers of revision and superintendence possessed by the High Court under the Civil and Criminal Law and under the Charter Act:

2. Mr. Douglas Donald is married to the daughter of one Mrs. Mercer. The husband and wife have been living separately for many years. Mr Douglas Donald has, however, been making an allowance for his wife's maintenance through Mr. Alexander Mercer of Lahore, which he is said to have stopped lately. He is under the impression that his wife is dead, and this fact is being kept concealed from him by Mr. and Mrs. Mercer. On the 23rd of March 1922, he wrote a threatening letter to Mr. Mercer, and this letter was sent by the latter to Major Ferrar, District Magistrate of Lahore, With a covering letter dated the 26th March 1922, complaining of the behaviour of Mr. Douglas Donald towards him and his wife, expressing apprehension of violence from him and asking for protection. The matter was at once placed in the hands of Lieutenant Colonel Gregson, Senior Superintendent of Police, Lahore, who, after taking necessary steps, the details of which need not be given, took action under Section 13 of the Lunacy Act, IV of 1912, and, believing Mr. Douglas Donald to be a dangerous person by reason of lunacy produced him before Major Ferrar, the District Magistrate of Lahore. The District Magistrate on the 30th March 1922 proceeded to deal with the matter under Section 14 of the Lunacy Act, IV of 1912. He examined Mr. Douglas Donald and, being of opinion that there were grounds for proceeding further, caused him to be examined by Major Cox, Superintendent of the Lunatic Asylum, Lahore. Being satisfied that Mr. Douglas Donald was a dangerous lunatic and a proper person to be detained, he obtained a certificate from Major Cox, and was prepared to make an order for the admission for Mr. Douglas Donald in the Lunatic Asylum, when Mr. William Henry Donald, the brother of the alleged lunatic, entered into a bond undertaking that the lunatic shall be properly taken care of, and shall be prevented from doing injury to himself or to others. The Magistrate, instead of making a reception order, made over Mr. Douglas Donald to the care of his brother. Three medical certificates testifying to the lunacy of Mr. Doug las Donald have been placed on the record : (1) one dated the 30th March 1922, given by Major Cox, (2) another certificate by the same medical gentleman dated the 31st March 1922, (3) a certificate dated the 31st March 1922 by Lieutenat Colonel section M. Davidson, Civil Surgeon, Lahore.

3. Against the order of the District Magistrate, dated the 30th March 1922, the present petition has been presented. On the petition being called on for hearing, Mr. Jai Lal, the learned Government Advocate, appearing on behalf of the Crown, raised a preliminary objection to the hearing of the petition on the ground that the proceeding taken by the learned District Magistrate was not a judicial proceeding, and that the order passed being of a purely executive character an application for its revision cannot bo entertained by the High Court.

4. The Act is divided into four parts. Part I deals with "Preliminary matters." Part II deals with "Reception, Care and Treatment of Lunatic." Chapter II in this part deals with "Reception of Lunatics," and Chapter III provides for the "Care and Treatment." Part III provides for "Judicial Inquisition as to lunacy." Chapter IV in this part lays down "Rules for the conduct of proceedings in lunacy in Presidency towns." Under this chapter is laid down the procedure relating to the "inquisition" and "rules for the exercise of judicial powers over person and estates, of lunatic," "management and administration of such estates, etc., etc." Chapter V lays down the "proceed ings in lunacy outside Presiden