Law:

Section:

West Pakistan Maintenance of Public Order Ordinance ( of 1960) --------- ----------S.3(1) --------- Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Detention order --------- Scope --------- Petitioner was allegedly cutting and destroying forests, therefore, as a preventive measure he was detained by the authorities --------- Validity --------- Since cases were registered against the petitioner under the relevant law, there was no need of detaining him under West Pakistan Maintenance of Public Order Ordinance, 1960 said law was not to punish perpetrators, rather was intended to prevent a person from acting in a manner prejudicial to public safety and no such allegations were forthcoming against the petitioner except for one instance of causing damage of forests which was yet to be proved in any court of law --------- When an offence was committed, there would be no occasion for preventive measures, which could have been taken, if warranted by law, before the commission of such offence and not thereafter --------- Authorities could not resort to preventive detention as means to punish an alleged offender --------- In absence of proof of alleged acts of petitioner being a threat to public safety, steps taken by the authorities were hold to be unwarranted and against the Fundamental Rights of the petitioner --------- Constitutional petition was allowed in circumstances. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---------- Through the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner, Safeer Shah, invoked the Constitutional jurisdiction of this Court for a declaration to the effect that his detention order under Section 3(1) of the West Pakistan Maintenance of Public Ordinance, 1960 (MPO) bearing No. 3308 dated 07.08.2015, issued by the Deputy Commissioner, Abbottabad, (respondent No. 2) for a period of 30 days was illegal, unlawful, without jurisdiction, without lawful authority, perverse and of no legal effect on the rights of the petitioner. 2. In his writ petition, the petitioner vehemently resisted ground of the respondent with regard to his involvement…

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