Law:

Section:

West Pakistan Maintenance of Public Order Ordinance (XXXI of 1961)--- ----Ss. 3 & 16---Constitution of Pakistan, Arts. 9, 10 & 199---Constitutional petition---Preventive detention---Breach of peace---Reasonable material---Sympathies with proscribed organizations---Husband of petitioner was behind the bars since 29-1-2009, and detention order was passed by authorities on 9-1-2011---Plea raised by petitioner was that detention order was illegal as authorities did not have any material to pass detention order against petitioner's husband---Validity---Detention order did not carry reasonable material to detain petitioner's husband further and to curb his liberty which was a fundamental right of every citizen guaranteed under Articles 9 and 10 of the Constitution---Detention order was passed merely on presumptions and apprehensions, which had not been substantiated through specific allegations---Petitioner's husband being behind the bars for the past two years could not be considered as having caused immediate breach of peace within the territorial limits of Islamabad Capital Territory---Grounds of detention order were vague and indefinite which could not entail detention of petitioner's husband under S. 3 of West Pakistan Maintenance of Public Order Ordinance, 1960, on the ground of assumption that he had sympathies with proscribed organizations---Material before detaining authority was not of such nature that a reasonable person would be satisfied to the necessity for making the order of preventive detention---Authorities did not comply with the requirements of law relating to preventive detention---Detention order was passed in a mechanical manner without any reasonable justification and application of mind---High Court declared detention order of petitioner's husband to be passed illegally and the same was set aside---Petition was allowed in circumstances. Federation of Pakistan through Secretary, Ministry of Interior, Islamabad v. Mrs.Amatul Jalil Khawaja PLD 2003 SC 442 rel. JUDGMENT IQBAL HAMEED-UR-RAHMAN, C.J.---Through the instant constitutional petition under Article-199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner…

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