Law: Punjab Maintenance of Public Order Ordinance, 1960 

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Arrest and detention of suspected persons---Non-availability of material evidence---Effect questioned the legality and validity of order passed by Deputy Commissioner whereby her husband was directed to be arrested and detained for a period of 30 days in the interest of peace and tranquility of the concerned district---Report and comments furnished by the Deputy Commissioner demonstrated that there was a dispute of construction of mosques belonging to two sects and the detainee being an activist was playing an active role in sectarian tension---No material prejudicial to the public peace and tranquility was brought on record while forming that opinion, which was sine qua non for issuance of detention order---Neither the detainee was earlier booked in any case of provoking sectarian sentiments nor even a single criminal case was ever registered against him and even, he had no nexus with the dispute of construction of mosque in any capacity whatsoever--- If, it was presumed that the detainee participated in any such dispute the local police had ample authority to lock him up under the relevant provisions as provided in the Code of Criminal Procedure Code, 1898 but curtailing the liberty of a citizen merely on the presumption that he being a member of specific sect was interested in creating law and order situation, was not appreciable--- Constitutional petition was allowed, in circumstances. Mrs. Arshad Ali Khan v. Government of Punjab through Secretary Home 1994 SCMR 1532 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Habeas corpus---Alternate remedy, availability of---Scope---Freedom and liberty of every citizen is a fundamental right guaranteed under Arts. 4 9 of the Constitution of Islamic Republic of Pakistan, and its infringement tantamount to violation of fundamental rights enshrined in Arts. 2-A, 3, 4, 9, 14 18 of the Constitution---When a person is detained without any just cause, he may invoke jurisdiction of the High Court directly under Art. 199 of the Constitution without having recourse to alternate remedy. Abdul Latif Shamshad Ahmad v.…

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