Law:

Section:

Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3(1)---Power to arrest and detain suspected persons---Station House Officer of the police station informed the High Court that no criminal record was available to show involvement of the petitioner/detainee in any activities, which could be called as prejudicial to law and order situation in the area, and that the impugned order of preventive detention had not been issued on the report of the local police---Deputy Commissioner, even otherwise, could not have resorted to the preventive detention under S. 3 of Maintenance of Public Order Ordinance, 1960, even if there had been complaints pending in the court and perpetual warrants had been issued against the petitioner, as activities attracting other provisions of law were to be dealt with by the courts, and the petitioner, having been proven guilty, was to be punished after due process of law---Preventive detention of the petitioner, in absence of meeting the mandatory requirements of the law, was not warranted---Deputy Commissioner, being the Executive head of the District, had unjustifiably and illegally deprived the petitioner of his fundamental right of freedom and liberty on grounds other than available and valid for the preventive detention---Impugned order, being illegal, without any authority and void ab initio, was, set aside by the High Court---Constitutional petition was allowed in circumstances. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:----------- Fiaz son of Gul Zaman, petitioner, has assailed order under section 3(1) of the West Pakistan Maintenance of Public Order Ordinance, 1960, by way of the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, whereby, the Deputy Commissioner, Mansehra (respondent No.2) issued the impugned order with regard to detention and confinement of the petitioner in Central Jail, Haripur, for a period of thirty days from the date of arrest on the ground of his involvement in timber smuggling and thereby posing threat to law and order and also acting in a manner which was prejudicial to the public safety and maintenance of peaceful atmosphere in Agror…

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