Law:

Section:

. (a) Constitution of Pakistan--------- ----------Art. 4---------Liberty of a person---------Principle---------Citizen cannot be deprived of his liberty on the whims of any person. (b) Punjab Maintenance of Public Order Ordinance (XXXI of 1960)--------- ----------S. 3---------Constitution of Pakistan, Art.199---------Constitutional petition---------Maintainability---------Preventive detention---------Statutory representation---------Principle---------Husband of the petitioner was put into preventive detention for 30 days on the ground that he was a notorious gambler---------Authorities raised an objection that petition was not maintainable as remedy of statutory representation was available---------Validity---------Authority without applying its mind, mechanically passed an order on the recommendation of police even though the detenu was on bail and no such situation had arisen to have deprived the detenu of his liberty---------Police could not be allowed to use the backdoor of arresting a person if such person had already been granted bail by a competent court---------Detention in question was a sheer violation of law and the Constitution---------Order passed by District Coordination Officer was coram non judice therefore, the detenu was not required to file a statutory representation as required by S.3(6) of Punjab Maintenance of Public Order Ordinance, 1960---------High Court set aside the detention order passed by District Coordination Officer as the same was illegal and passed without lawful authority---------Petition was allowed in circumstances. Liaqat Ali Khan v. District Coordination Officer, Bahawalpur and 3 others PLD 2012 Lah. 336; Muhammad Nadeem v. Government of Punjab through Home Secretary and another PLD 2010 Lah. 371; Haq Dad Khan v. District Magistrate, Mianwali 1997 PCr.LJ 1288 and Syed Mubbashar Raza v. Government of Punjab through Secretary Home Department and 2 others PLD 2015 Lah. 20 ref. THIS ORDER PASSED BY: MRS. ERUM SAJAD GULL, Justice:--------- The petitioner Nighat Sultana has filed this Writ Petition challenging the detention order of her brother namely Muhammad Rafi son of Muhammad Shafi, who has been detained for thirty days, in…

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