Law: Punjab Maintenance of Public Order Ordinance, 1960 

Section: 3

(a) Punjab Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Power to arrest and detain suspected persons---Detention based on apprehension---Legality---Petitioner sought an order directing the Provincial Government to release his brother---Before passing a detention order of a person under S. 3 of the Punjab Maintenance of Public Order Ordinance, 1960, the competent authority must have reasons to believe that the said person, within its territorial jurisdiction, has acted, is acting, or is about to act in a manner prejudicial to public safety or the maintenance of public order---However, perusal of the available record reveals that allegation against the detenu is general in nature i.e. he was delivering speeches against Government of Pakistan, National Security Agencies and persuading the people to create law and order situation in the district but no solid or cogent evidence/material in order to establish the same was produced before the Deputy Commissioner---Furthermore, no audio/video recording of speech, voice transcript in this regard or exact wording in written form of the same was mentioned in the impugned order as well as reports and parawise comments and even any such like material/evidence was not produced before the court---Perusal of report of District Police Officer does not reflect any material to invoke subsection (1) of S. 3 of the Punjab Maintenance of Public Order Ordinance, 1960 except apprehensions---Apprehensions without any valid reasons and not supported by any cogent material cannot be allowed to be the basis for curtailing the rights, liberty or freedom of any citizen, which is guaranteed by the Constitution---Detenu was ordered to be released and the Constitutional petition was accepted. (b) Punjab Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Constitution of Pakistan, Art. 199---Power to arrest or detain suspected persons---Habeas corpus---Maintainability---Scope---Where the petitioner filed a Constitutional petition seeking release of his brother detained on the strength of an order under S. 3 of the Punjab Maintenance of Public Order Ordinance, 1960, the State objected to the maintainability…

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