| Citation(s) |
|---|
| 2023 SLG 2398 2023 SLD 2398 2023 SLD 1646 |
Lahore High Court, Rawalpindi Bench, Rawalpindi
Writ Petition No. 1955 of 2023, decided on 6th June, 2023.
Before Ch. Abdul Aziz, J
Barrister Taimur Altaf Malik and Barrister Faiza Asad for Petitioner. Abid Aziz, Assistant Advocate General with Anum Shabbir ASP, Hassan Askari Inspector, Riaz, S.I. and Tassadaq, S.I. for
Respondents.
Writ Petition No. 1955 of 2023, decided on 6th June, 2023.
Before Ch. Abdul Aziz, J
Barrister Taimur Altaf Malik and Barrister Faiza Asad for Petitioner. Abid Aziz, Assistant Advocate General with Anum Shabbir ASP, Hassan Askari Inspector, Riaz, S.I. and Tassadaq, S.I. for
Respondents.
MAKHDOOMZADI GAUHAR BANO QURESHI---Petitioner
VS
PROVINCE OF PUNJAB through Chief Secretary, Punjab and others-- Respondents
Law:
Section:
West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3 [as amended by Punjab Maintenance of Public Order (Amendment) Ordinance 2017]---Constitution of Pakistan, Art. 199---Constitutional petition---Alternate and efficacious remedy---Scope---Detention---Public safety---Petitioner assailed detention of her father under S. 3(1) of West Pakistan Maintenance of Public Order Ordinance, 1960, by the authorities---Plea raised by authorities was that petitioner had an alternate remedy available---Validity---Representation under S. 3(6) of West Pakistan Maintenance of Public Order Ordinance, 1960 was an alternate remedy but in view of the process involved therein, it in no manner could be termed as efficacious in nature, so as to oust Constitutional jurisdiction of High Court---Order of detention of father of petitioner did not fit into statutory requirement of S. 3 of West Pakistan Maintenance of Public Order Ordinance, 1960---High Court set aside the order of detention and detenu was ordered to be released forthwith---High Court observed that in case of any apprehension of future involvement of detenue in activity prejudicial to public safety, the same could be plugged by getting a bond under S. 3(9) of West Pakistan Maintenance of Public Order Ordinance, 1960 [as amended by Punjab Maintenance of Public Order (Amendment) Ordinance 2017] from the detenue---Constitutional petition was allowed accordingly. Federation of Pakistan through Secretary, Ministry of Interior, Islamabad v. Mrs. Amatul Jalil Khawaja and others PLD 2003 SC 442 and The Murree Brewery Co. Ltd. v. Pakistan through the Secretary to Government of Pakistan, Works Division and 2 others PLD 1972 SC 279 ref. Dr. Muhammad Shoaib Suddle v. Province of Sindh through Secretary, Home Department, Sindh Civil Secretariat, Karachi and another 1999 PCr.LJ 747 rel. ORDER CH. ABDUL AZIZ, J.---The instant constitutional petition moved under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is aimed at calling in question the vires of order dated 23.05.2023 passed by Deputy Commissioner Rawalpindi under section 3(1) of West Pakistan Maintenance of Public Order Ordinance, 1960,…
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