Law: Constitution of Pakistan, 1973

Section: 199

Law: West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)

Section: 3

(a) Administration of justice---Penal action---Principle---No order particularly, a penal action can be taken in vacuum without any proof and such orders are nullity in the eyes of law. (b) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Constitution of Pakistan, Art.199---Constitutional petition---Preventive detention---Statutory period---Preventive detention of petitioners was extended for more than 90 days without any reference to Board---Validity---Consecutive extension exceeding the period of three months was also against the law, as under S.3(5-a) of West Pakistan Maintenance of Public Order Ordinance, 1960, no person could be detained for a period exceeding three months unless the Board had reported before expiration of the period of three months, that there was in its opinion, sufficient cause for such detention---Petitioner had been detained for more than stipulated period by way of extending preventive detention, without constituting any Board and sufficient cause---High Court set aside order of detention of petitioner and set him at liberty---Petition was allowed in circumstances. Hamayun v. DCO Kohat and 6 others 2014 PCr.LJ 173 rel. JUDGMENT MUHAMMAD YOUNIS THAHEEM, J.---Through instant constitutional petition under Article 199 of the Islamic Republic of Pakistan, 1973, petitioner, Faitullah alias Fatihullah has questioned the extension of preventive detention orders/Letters No.7770/AG-V/3MPO dated 26-12-2014, passed by respondent No.2 Deputy Commissioner, Lakki Marwat, under section 3 of the West Pakistan Maintenance of Public Order, Ordinance 1960, whereby the preventive detention period of petitioner was extended for further thirty (30) days. 2. Learned counsel for petitioner argued that the petitioner was detained in Central Prison Bannu vide letter No. 4567-71 dated 19-9-2014, for a period of thirty days, but no reason whatsoever, has been mentioned in it. He further argued that respondent No.2 has no authority to give extension to the impugned preventive detention order beyond the period of three months, unless Board is constituted under section 2(5) MPO, but without any such proceedings, four consecutive…

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