Law: Constitution of Pakistan, 1973

Section: 10,199

(a) Khyber Pakhtunkhwa Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Constitution of Pakistan, Art. 10---Right of liberty and detention---Principle---Framers of the Constitution took great pain for ensuring liberty of citizens of the State and for taking proper safeguards against unlawful arrest and detention by the State authorities---Balance has also been tried to be struck between right of liberty of an individual and maintenance of public peace, order and harmony in society---Any law providing for preventive detention has to be compliant with mandate of Art. 10 of Constitution and only then can it be saved from operation of Arts. 10(1) and (2) of Constitution. (b) Khyber Pakhtunkhwa Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Constitution of Pakistan, Art. 199---Constitutional petition---Preventive detention---Narcotics peddler---Accused person was an alleged narcotics peddler who was detained by authorities under S.3 of Khyber Pakhtunkhwa Maintenance of Public Order Ordinance, 1960---Validity---No allegations of smuggling were mentioned in order of detention of accused issued under S.3 of Khyber Pakhtunkhwa Maintenance of Public Order Ordinance, 1960---Alleged act of accused had got no nexus with purpose and object of Khyber Pakhtunkhwa Maintenance of Public Order Ordinance, 1960---If government wanted to deal with accused they had at their disposal a robust legal regime in form of Control of Narcotic Substances Act, 1997 wherein Legislature took care to deal with all aspects of business in trade of narcotics---Accused even if found to have been dealing with any such business of selling narcotics could have been dealt with under provisions of such law---Recourse to provisions of S.3 of Khyber Pakhtunkhwa Maintenance of Public Order Ordinance, 1960 was not at all justified---High Court in exercise of Constitutional jurisdiction set aside order of detention as same passed in respect of accused was found to be suffering from jurisdictional defect and passed without lawful authority---Constitutional petition was allowed in circumstances. Arshad Ali Khan v. Government of Punjab 1994 SCMR 1532; Liaqat Ali v. Government…

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