Case Details

Citation(s)
2010 SLG 813 2010 SLD 813 2010 PLJ 126
Lahore High Court
W.P. No. 9170 of 2008, heard on 06.08.2008
HASNAT AHMAD KHAN, JUSITCE
Mr. Aazar Latif Khan, Advocate for Petitioner. Mr. Faisal Ali Qazi, with Asstt. Home Deptt. for
Respondents.

MUHAMMAD MANSHA GHUMMAN

VS

SECRETARY HOME DEPARTMENT, GOVERNMENT OF PUNJAB, LAHORE AND 3 OTHERS

Law:

Section:

West Pakistan Maintenance of Public Order Ordinance, 1960 (XXXI of 1960)-- ----S. 3--Constitution of Pakistan, 1973, Art. 199--Detention order--Secretary of Home Department passed sterortype--Only changing inserting names and addresses of the detainees, name of the person--Such orders lack application of mind. West Pakistan Maintenance of Public Order Ordinance, 1960 (XXXI of 1960)-- ----S. 3--Constitution of Pakistan, 1973, Art. 199--Detention orders--Pendency of criminal cases--Detention order could not be passed on the basis of pendency of criminal cases--State can seek cancellation of bail or early conclusion of the trial. 2001 PCr.LJ 2004 & 1994 SCMR 1532, rel. 1989 PCr.LJ 685, Dist. West Pakistan Maintenance of Public Order Ordinance, 1960 (XXXI of 1960)-- ----S.3 (1)--Detention of person--Duty of the Government--Government must be satisfied that person acting in any manner prejudicial to the public safety or maintenance of public order--Satisfaction must be objective and not subjective. PLD 2006 Lahore 111, rel. Words and Phrases-- ----Public order--Connation--Order accordingly. Constitution of Pakistan, 1973-- ----Arts. 10 & 13--Constitutional guarantee--No person shall be deprived of his life and liberty, save, in accordance with law. 1994 SCMR 1532, rel. THIS JUDGMENT DELIVERED BY: HASNAT AHMAD KHAN, JUSITCE---.--- Through this writ petition, Muhammad Mansha Ghumman has challenged legality and validity of order dated 21-7-2008, passed by Respondent No. 1, whereby, the representation filed by the petitioner's wife, challenging the order of the detention of the petitioner, passed by the same respondent, was dismissed. 2. The brief facts, which compelled the petitioner to knock the door of this Court were/are that Respondent No. 1 passed an order of detention of the petitioner for a period of 45 days under sub-section (1) of Section 3 of West Pakistan Maintenance of Public Order Ordinance, 1960. The petitioner filed a W.P. No. 8521/2008 before this Court challenging the said detention orders with the plea that the grounds of his detention were never communicated to him. Before filing of the said writ petition, the petitioner's, wife had submitted…
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