Law: Provincial Maintenance of Public Order Ordinance, (XXXI of 1960)

Section: 3,3(6)

Law: Constitution of Pakistan, 1973

Section: 4,9,10,15,199

(a) Provincial Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Arrest and detention of suspected person--- Prejudice to public order---Scope---Act/Activity complained of a person must be an act prejudicial to public order and its outcome or its result directly affects public at large---When such act or activity of a person is there, Provincial Government or person authorized in that behalf, has ample material in this regard to take action or pass order under S.3 of Provincial Maintenance of Public Order Ordinance, 1960 and same would be within theme of law--- Where an act or activity is person specific and does not amount to an activity prejudicial to public peace and tranquility, in no way be encompassed within sphere of Provincial Maintenance of Public Order Ordinance, 1960, and same would be entirely out of scope of law. Liaquat Ali v. Government of Sindh PLD 1973 Kar. 78 and Masal Khan v. District Magistrate PLD 1997 Pesh. 148 rel. (b) Provincial Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Constitution of Pakistan, Arts. 10 & 199---Constitutional petition---Liberty of person---Detention, extension of---Anti-social activities--- Proof--- Petitioner was detained by authorities on anti-social activities and his detention was extended from time to time---Validity---Person could not be detained or his liberty curtailed without reasonable material because liberty of a person was guaranteed by the Constitution and High Court while exercising Constitutional jurisdiction was duty bound to satisfy itself that person was not being held in custody without lawful authority or in an unlawful manner---After obtaining surety from petitioner regarding showing good character and ordering release of petitioner, there was no occasion with authorities to withdraw same that too prior to release of petitioner merely on basis of suspicion, presumption and speculation---Order in question passed by authorities did not carry reasonable substantial material required for detention of petitioner and curbing his liberty and freedom---Showing reasons and grounds while passing detention order was duty of authorities---High Court under…

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