Case Details

Citation(s)
2021 SLG 2097 2021 SLD 2097 2021 PLJ 629
Lahore High Court
W.P. No. 3589 of 2021, heard on 15.3.2021, Date of hearing: 15.3.2021.
SADIQ MAHMUD KHURRAM, JUSTICE.
Ch. Muhammad Shahid Ansari, Advocate for Petitioner. Mr. Waseem-ud-Din Mumtaz, Assistant Advocate General alongwith Mr. Shahid Hussain, Legal Advisor for
Respondents.

MUHAMMAD KAUSAR

VS

GOVERNMENT OF THE PUNJAB THROUGH ADDITIONAL CHIEF SECRETARY HOME GOVERNMENT OF PUNJAB HOME DEPARTMENT, PUNJAB, LAHORE AND 6 OTHERS

Law: Punjab Maintenance of Public Order Ordinance, 1960 

Section: 3

Law: Constitution of Pakistan, 1973

Section: 10(a),199

Punjab Maintenance Public Order Ordinance, 1960 (XXXI of 1960)-- ----Preamble--Even otherwise, preamble of Punjab Maintenance Public Order Ordinance, 1960 law is made to ease public and ensure public safety, public interest and maintenance of public order and applicability of provisions of a public maintenance order is subject to guarantee provided by constitution. I also do not agree with Law Officer that prior to filing writ petition against order of detention, it is necessary to assail order passed under Section 3 of Punjab Maintenance Public Order Ordinance, 1960 before Secretary, Home Department, Lahore (Punjab). Punjab Maintenance Public Order Ordinance, 1960 (XXXI of 1960)-- ----S. 3--Constitution of Pakistan, 1973, Arts. 10(a) 199--Principle of fair trial--Detention, prima facie is double jeopardy--Curtailed due to pendency of cases--No apprehension--Direction to--There is no evidence collected by concerned authority due to which detention of Punjab Maintenance Public Order Ordinance, 1960 under Section 3 of Punjab Maintenance Public Order Ordinance, 1960 can be said as justified and there is no justifiable reasons available for detention, therefore, impugned order dated 18.02.2021 passed by Respondent No. 4, namely, Deputy Commissioner, Multan, is set aside and declared as illegal, without any lawful justification and ineffective upon rights of Ghulam Nazik son of Muhammad Nawaz, father of petitioner--Consequently, instant writ petition is allowed--Ghulam Nazik son of Muhammad Nawaz, father of petitioner, is directed to be released forthwith if not required in any other case and set at liberty. JUDGMENT Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the order dated 18.02.2021 passed by the Deputy Commissioner, Multan, the Respondent No. 4, whereby Ghulam Nazik son of Muhammad Nawaz, the father of the petitioner, was ordered to be arrested and detained for a period of 30 days with immediate effect. It was further ordered that the custody of Ghulam Nazik son of Muhammad Nawaz shall be placed under the superintendence of Superintendent, New Central Jail, Multan. 2. In…
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