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

Section: 3(1),26

Law: Constitution of Pakistan, 1973

Section: 2(A),3,4,9,10,10(A),14,15,199

Maintenance of Public Order Ordinance, 1960 (XXXI of 1960)-- ----Ss. 3(1) & 26--Constitution of Pakistan, 1973, Arts. 2(A), 3, 4, 9, 10, 10(A), 14 & 15--Instigation of General Public to creation of law and order situation--Detension Orders--Extension of detension orders--Fundamental rights--Alternate remedy--Substantial evidence--Requirements of law--Maintainability--Jurisdiction--Challenge to--In normal course of circumstances, aggrieved person should exhaust alternate remedies, if any available to him, before knocking doors of this Court, but this Court while exercising writ jurisdiction cannot refuse to safeguard fundamental rights merely on technical grounds particularly when matter entails right of liberty, security, dignity and freedom of any person, which has been fully protected and safeguarded by provisions of Chapter-I, Part-II of Constitution of Islamic Republic of Pakistan, 1973--Alternate remedies are not as efficacious as that of filing constitutional petition for determination of validity of impugned detention orders and as such legal objection raised by learned Law Officer on maintainability of writ petitions is turned down--It appears from reports of respondent that stereotype detention orders passed by detaining authorities/Deputy Commissioners are not based on any substantial piece of evidence, because, neither any material was produced before detaining authorities nor was taken into consideration and apparently impugned orders were passed only on basis of police reports without assessing that whether those reports were backed by any tangible material or not--No conclusive proof is available that the; detenues were previously involved in any anti-State government activities--Likewise, respondents have failed to bring on record any material whatsoever which infer that detenues have links with any proscribed organization or they had been instigating followers of any political party or general public to create law & order situation by blocking roads/traffic--Petitioners have successfully established that impugned detention orders had been passed without observing basic requirements of law and principles laid down by Apex Supreme…

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