Law:

Section:

Khyber Pakhtunkhwa Maintenance of Public Order Ordinance (XXXI of 1960) --------- ----------S. 3 --------- Power to arrest and detain suspected persons --------- Deputy Commissioner, on police report which showed petitioners' involvement in two criminal cases, ordered the petitioners to be detained in prison for indulging in activities which were prejudicial to public and safety maintenance of public order in the District --------- Validity --------- Such stereotype reckless and ruthless detention orders, simply passed on police report, without any complaint from general public or material showing threat to public order and safety emanating from petitioners, spoke volumes about bureaucratic apathy regarding law and Constitution by Executive Head of District --------- Frequent resort to preventive detention under S. 3 of Khyber Pakhtunkhwa Maintenance of Public Order Ordinance, 1960 was nothing more than futile attempt on part of District administration to create misperception about maintenance of peace and order in District --------- Impugned orders, being arbitrary, perverse, capricious, illegal and in clear disregard of fundamental right of petitioners as guaranteed by Constitution, were not sustainable --------- Impugned orders were, therefore, set aside --------- Constitutional petitions were allowed in circumstances. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---------- Since identical questions have been raised, this single order in the instant writ petition shall also dispose of the writ petitions mentioned herein below:- 1. Shabbir v. Deputy Commissioner, Haripur (WP No. 961-A/2015). 2. Tauseef v. Deputy Commissioner, Haripur (WP No. 966-A/2015). 3. Waseem Abbas v. Deputy Commissioner, Haripur (WP No. 967-A/2015). 4. Syed Hassan v. Deputy Commissioner, Haripur (WP No. 968-A/2015). 5. Muhammad Banaras v. Deputy Commissioner, Haripur (WP No. 969-A/2015). 6. Anwar Khan v. Govt. of Khyber Pakhtunkhwa etc. (WP No. 972-A/2015). 7. Liaqat Ali v. Deputy Commissioner, Haripur (WP No. 980-A/2015). 8. Sheraz Khan v. Deputy Commissioner, Haripur (WP No. 981-A/2015). 2. In all the nine writ petitions, the petitioners have impugned orders of the Deputy…

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