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

Section: 3

Khyber Pakhtunkhwa Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3--- Detention under executive order--- Petitioners were allegedly drug/narcotics peddlers and they were detained under executive order for being indulged in anti-state activities---Validity---Detention order was tantamount to curtailing Fundamental Rights of liberty of a citizen guaranteed by the Constitution---Legislature, due to such reason, vested such powers with Deputy Commissioners who were expected to be unbiased as compared to police agency---Deputy Commissioners were not supposed to react on report of police agency until and unless they had satisfied themselves about correctness of report which were to be supported by tangible material---High Court set aside all detention orders as same were rendered without lawful authority and directed the authorities to release petitioners from jail forthwith---Constitutional petition was allowed in circumstances. Suliman Khan v. Government of Khyber Pakhtunkhwa and others W.P. No.24-M of 2018 and Muhammad Imad v. Government of Khyber Pakhtunkhwa and others W.P. No. 37-M of 2018 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J.--- Through this singled-out judgment, we propose to decide this writ petition bearing No.375-M/2018 as well as the connected Writ Petitions bearing Nos. 378-M, 379-M, 380-M, 381-M, 382-M, 383-M, 384-M, 385-M, 389-M, 390-M, 391-M, 392-M, 393-M, 394-M, 395-M, 396-M, 405-M, 406-M, 407-M, 413-M, 414- M and 425-M of 2018 as common questions of law and facts are involved in all these connected writ petitions. 2. Allegations against the Petitioners in all these connected writ petitions are that they are involved in selling of drugs/narcotics being habitual drug peddlers and indulged in other Anti-State activities in their respective localities. Therefore, the learned Deputy Commissioners concerned of their respective Districts in the capacity of District Magistrates had issued their detention orders in exercise of powers conferred upon them under Section 3 of the Maintenance of Public Order Ordinance, 1960, so, as consequence thereof they have been detained in jail. The Petitioners being aggrieved have…

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