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

Section: 3

Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Arrest and detention---Allegation against the petitioner which prompted the order of detention under S. 3, Maintenance of Public Order Ordinance, 1960 was his involvement in timber smuggling---Number of complaints had been lodged against petitioner---High Court observed that when a proper law for forest offenders was available and accused could safely be charged under the said law and convicted and stayed behind the bars for a longer term rather than being detained for a period of one month only invoking the provisions of S. 3 of Maintenance of Public Order Ordinance, 1960 by the authorities was not proper---Deputy Commissioner had resorted to the use of Maintenance of Public Order Ordinance, 1960 without comprehending the relevant law---Constitutional petition was accepted and orders passed by the Deputy Commissioner was declared to be illegal and without jurisdiction. THIS ORDER PASSED BY: HAIDER ALI KHAN, J.--- Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has prayed as under:- "It is, therefore, humbly prayed and requested that on acceptance of writ petition, the impugned warrant of arrest of the petitioner under section 3, M.P.O. may graciously be declared without lawful authority and the petitioner may be set at liberty." 2. According to the detention order, the petitioner has been detained in Central Jail Haripur for a period of thirty days as he has indulged in chronic timber smuggling and is, thus disturbing the peaceful atmosphere and greenery of the beautiful valley of the District. 3. Yesterday, we issued notice to the learned Additional Advocate General with direction to procure relevant record from the respondents, who produced an Office Order bearing No. 4045/GE dated 25.02.2016, issued by the Divisional Forest Officer, Agror Tanawal, Forest Division Oghi and addressed to the Deputy Commissioner Mansehra for taking action against the timber mafia and requested therein for issuance of warrants against habitual forest offenders under section 3(1) of Maintenance of Public Order Ordinance, 1960. Arguments heard…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492