Law:

Section:

Criminal Procedure Code (V of 1898)------.----- ------.-------S. 144------.-----Danger to human life, health or safety------.-----Ban on business of sale and purchase of old parts of vehicles on security grounds------.-----Scope------.-----Deputy Commissioner was passing recurring order under the garb of security measures and thereby harassing the petitioners not to carry on lawful scrap business in the area------.-----Powers under S. 144, Cr.P.C. could be exercised by Deputy Commissioner with powers of District Magistrate when elections for Local Government had not been held or Local Government was not functional------.-----Local Government was functional in the district and Zila Nazim could only exercise powers under S. 144, Cr.P.C., presently------.-----Impugned orders as well as orders of like nature issued by the District Magistrate were beyond his authority having no legal effect------.-----District Magistrate had no power to pass orders of such nature after expiry of the former two months period------.-----Impugned orders would affect lawful scrap business of petitioners and same would infringe right to life as well as of their families------.-----Petitioners and people of the area involved in the same business had not been treated in accordance with law------.-----Petitioners had been discriminated by the respondents in circumstances------.-----Impugned orders as well as orders of like nature in the field issued by the Deputy Commissioner were declared unlawful, capricious, whimsical and arbitrary having no effect------.-----Impugned orders as well as orders of like nature were set aside------.-----Respondents were directed not to harass the petitioners and public viz-a-viz their lawful business of the like nature------.-----Constitutional petitions were accepted in circumstances. 1984 PCr.LJ 1021; 2003 YLR 893 and PLD 1997 SC 342 rel. THIS JUDGMENT DELIVERED BY: HAIDER ALI KHAN, JUSTICE:------.----- Through this single judgment we intend to decide the instant writ petition i.e. W.P. No. 587-M/2014 as well as the connected petitions bearing W.Ps. Nos. 599-M/2014 and 118-M/2015 as common questions of law and facts are involved in all these petitions. 2.…

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