Law:

Section:

Khyber Pakhtunkhwa Maintenance of Public Order Ordinance (XXXI of 1960) --------- ----------Ss. 3 & 16 --------- Penal Code (XLV of 1860), Ss. 341, 147 & 149 --------- Punishment for wrongful restraint, punishment for rioting, common object --------- Abuse of power to arrest and detain suspected person --------- Detention made for humiliation and harassment --------- Detention order not served on detenu before arrest/issued after arrest and detention --------- Effect --------- Right to be communicated grounds of preventive detention --------- Necessity --------- Petitioner had already been booked not only under the provisions of P.P.C. but also under S. 16 of Khyber Pakhtunkhwa Maintenance of Public Order Ordinance, 1960 --------- District Administration could justifiably resort to preventive detention under S. 3 of Khyber Pakhtunkhwa Maintenance of Public Order Ordinance, 1960 before the occurrence if there was likelihood of breach of peace; but after the occurrence and registration of case against the petitioner on basis of the same charges, no justification existed for detention of the accused under S. 3 of Khyber Pakhtunkhwa Maintenance of Public Order Ordinance, 1960, especially when he had already secured ad interim pre-arrest bail for the offences under P.P.C. from court of competent jurisdiction to the knowledge of the police/District Administration --------- Arrest of the detenu, despite his showing order of the pre-arrest bail to the police, spoke volumes about the actual design of the District Administration, that was humiliation and harassment under all circumstances --------- Date mentioned in the impugned order showed that the same had not been served on the petitioner at the time of his arrest under S. 3 of Khyber Pakhtunkhwa Maintenance of Public Order Ordinance, 1960, as claimed therein, and also that no such order existed at time of his arrest --------- Petitioner had a right to be communicated the grounds of his preventive detention, and the District Administration, having not done that, had, therefore, acted in flagrant violation and disregard to the mandatory provision of the law --------- High Court, setting aside impugned order,…

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