Law:

Section:

West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)------Ss. 3 & 26---Constitution of Pakistan, Arts. 185(3)---Preventive detention---Release of detenu by order of High Court---Validity---Absence of any complaint against detenu and his non-involvement in any activity necessitating preventive dentention since his release would be sufficient to show that no cause existed to put him in preventive detention---Reversal of order of High Court and ordering detention of respondent on basis of orders passed by authority more than a year ago would not be legally warranted---Issue of preventive detention was no longer alive---Supreme Court refused to grant leave to appeal in circumstances. Saeed Yousaf, Additional A.G. Punjab for Petitioners (in C.P. No. 1180 of 2009). K. K. Agha, Additional A.G. for Pakistan and Ch. Muhammad Akram, Advocate-on-Record for Petitioners (in C.P. No. 1184 of 2009). A.K. Dogar, Advocate Supreme Court for Respondents Nos.1 to 2 (in both cases). Date of hearing: 25th May, 2010. JUDGMENT NASIR-UL-MULK, J.---These petitions for leave to appeal have been filed respectively by the Government of the Punjab and the Federation of Pakistan, assailing the judgment of the Lahore High Court in Writ Petition No. 6208 of 2009, allowing the Habeas Corpus Petition of the respondents, Hatiz Muhammad Saeed and three others and set aside their orders of detention, directing their release. 2. The respondents were detained for a period of 30 days under section 3 read with section 26 of the West Pakistan Maintenance of Public Order Ordinance, 1960, by orders issued by the District Co-Ordination Officers Lahore, Khanewal and Rawalpindi on 12th and 13th December, 2008. The period of detention was further extended by the Secretary Home Department, Government of Punjab on 9-1-2009 for a further period of 60 days. The Review Board on 9-3-2009 made a further extension of the detention period for 60 days. 3. The Attorney-General for Pakistan as well as Advocate-General, Punjab, had contested the writ petition and raised preliminary objections to the maintainability of the petitions on the ground that since the Review Board, a Constitutional Body…

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