Law: Criminal Procedure Code (V of 1898)

Section: 403

Law: Constitution of Pakistan, 1973

Section: 2A,3,4,9,10A,13,14,18,199

(a) Punjab Maintenance of Public Order Ordinance (XXXI of 1960)--- ----Preamble & S. 3---Constitution of Pakistan, Arts. 2-A, 3, 4, 9, 14 & 18---Liberty of citizens---Detention---Fundamental Rights---Scope---Liberty is an 'inalienable right' of citizen as enshrined in Arts. 4 & 9 of the Constitution---Detention of any citizen tantamount to violation of Fundamental Rights guaranteed under Arts. 2-A, 3, 4, 9, 14 & 18 of the Constitution---Object of Punjab Maintenance of Public Order Ordinance, 1960 is to ease public and ensure public safety, public interest and maintenance of public order---Applicability of provisions of Punjab Maintenance of Public Order Ordinance, 1960 is subject to guarantees provided by the Constitution. Abdul Latif Shamshad Ahmad v. District Magistrate Kasur 1999 PCr.LJ 2014 rel. (b) Punjab Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Constitution of Pakistan, Arts. 4, 9, 10-A & 13---Criminal Procedure Code (V of 1898), S. 403---Detention---Violation of Fundamental Rights---Pendency of criminal cases---Double jeopardy, principle of---Applicability---Scope---Petitioner was aggrieved of detention of detenu by authorities on grounds of disturbing public order---Plea raised by authorities was that there were eight cases pending against the detenu---Validity---Detention of detenu was violative of principle of fair trial as enshrined in Art. 10-A of the Constitution and detention, prima facie, was double jeopardy---High Court set aside order of detention passed by authorities as there was no evidence collected and detention under S. 3 of Punjab Maintenance of Public Order Ordinance, 1960 was not justifiable--- High Court ordered release of detenu as order passed by authorities was illegal, without lawful justification and ineffective upon rights of detenu---Constitutional petition was allowed in circumstances. Mst. Sana Jamil v. Government of the Punjab through Secretary and 5 others 2016 PCr.LJ 424; Syed Mubbashar Raza v. Government of Punjab through Secretary Home Department and 2 others PLD 2015 Lah. 20; Mrs. Arshad Ali Khan v. Government of the Punjab through Secretary Home 1994 SCMR 1532 and Abdul…

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