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

Section: 3

Law: Constitution of Pakistan, 1973

Section: 10,199

West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960) --------- ----------S.3 --------- Constitution of Pakistan, Arts.10 & 199 --------- Constitutional petition --------- Preventive detention --------- Grievance of petitioner was that authorities had wrongly issued detention order against him under the provisions of S.3 of West Pakistan Maintenance of Public Order Ordinance, 1960 --------- Validity --------- Authority was required to have satisfied itself that material being placed by police before it was sufficient to issue preventive detention order, as right of liberty of person being curtailed, which had been guaranteed under Art. 10 of the Constitution --------- High Court set aside detention order pertaining to petitioner as the same was not legally justified and against the law and settled principles --------- Petition was allowed in circumstances. Muhammad Yousaf Farooi v. Government of Punjab 2012 PCr.LJ 905; Federation of Pakistan through Secretary, Ministry of Interior, Islamabad v. Mrs. Amatul Jalil Khawaja and others PLD 2003 SC 442; Government of Punjab, Home Department and another v. Hafiz Muhammad Saeed and others 2011 SCMR 1139; Afzoona Kausar v. Additional District Magistrate, ICT, Islamabad PLD 2011 Isl. 1; Muhammad Rafique alias Fiqa v. The District Magistrate, Mansehra PLD 1992 Pesh. 26 and Muhammad Iqbal and 3 others v. Deputy Commissioner/District Magistrate, Mansehra and 3 others PLD 1992 Pesh. 107 ref. THIS JUDGMENT DELIVERED BY: MRS. IRSHAD QAISER, JUSTICE:---------- Aurangzeb, petitioner seeks the constitutional jurisdiction of this Court, praying that:- "It is, therefore, humbly prayed that on acceptance of this writ petition, the impugned order dated 24.12.2014 may graciously be ordered to be set-aside and petitioner may kindly be released forthwith. Any other relief which this Honourable Court deems fit and proper in the circumstances of the case." 2. Learned counsel for the petitioner contended that the petitioner belongs to a very respectable family and in recognition of his social efforts, he was elected as Nazim, Union Council Dhamtaur by the people of the area during Local Bodies Elections, 2005 and he also…

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