Law: Constitution of Pakistan, 1973

Section: 199,9,10

Punjab Maintenance of Public Order Ordinance, 1960 (XXXI of 1960)-- ----S. 3--Detention of Tehreek-e-Labaik Activist--Extension of detention--Fundamental duty of Government--As per reports of SP , District Intelligence Branch, activities of petitioner’s nephew are prejudicial to public safety and maintenance of Public Order 1960--Subsequently, Additional Chief Secretary (Home Department) extended his detention for a further period of 30-days--Leadership of TLP which was banned under provisions of Anti-Terrorism Act, 1997 by Ministry of Interior was involved to create chaos in province of Punjab by blocking, destruction of public and private properties, injury and harm to police officials, harassing general public, instigating people against Government, etc--This was a case of preventive detention under security of Pakistan Act, 1952--The apex Court ruled that if right of a person to a petition for habeas corpus could not be syncopated--The Ameer of TLP has been demanding expulsion of French diplomat from Pakistan as a mark of protest against publication of irreverent caricatures in France-- The Court cannot substitute its discretion for that of administrative authority--The first and most fundamental duty of every government is preservation of order since order is condition precedent to all civilization and advance of human happiness--The Provincial Government’s action against Hafiz Saad seeks to preserve peace--Petition was dismissed. 2010 SCMR 27; PLD 1974 Lahore 7; PLD 2003 SC 442 ref. Constitution of Pakistan, 1973-- ----Art. 199--Power of Judicial review--The High Court can exercise power of judicial review only if it is satisfied that no other adequate remedy is provided by law. PLD 1983 SC 21; 1993 SCMR 1798; 1999 SCMR 1881; 2009 PTD 1392; 2016 SCMR 842; 2011 SCMR 1813 ref. Constitution of Pakistan, 1973-- ----Arts. 9 , 10--Deprivation from life and liberty--Provision of safe guard--Article 9 commands that no person shall be deprived of life or liberty save in accordance with law and Article 10 provides safeguards as to arrest and detention. Words and Phrases-- ----Preventive detention--Preventive detention is a form of administrative detention, ordered…

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