Law: West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)

Section: 3(1),26

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Maintenance of Public Ordinance (XXXI of 1960)--- ----Ss. 3(1) & 26---Constitution of Pakistan, Art.199---Constitutional petition---Detention of petitioner for being criminal minded involved in criminal cases, having close links with a banned sectarian organization, providing shelter and financial assistance to desperate criminals including terrorists involved in sectarian and sabotage activities---Validity---Power of DCO to issue detention order was not absolute---Detention order would amount to curtailing fundamentally guaranteed right of liberty of a person---DCO had issued impugned detention order on the basis of reports of agencies without considering worth of material made available to him---Nothing on record to establish that petitioner was an active member of banned sectarian organization or having close links thereto---Petitioner had not been convicted in criminal cases registered against him, rather their trial was pending---Press clippings, alleged press releases or some writings on letter pads could not be used against petitioner to connect him with such charges---Providing financial assistance or shelter to desperate criminals was an offence, for which no criminal case had been registered against petitioner---Registration of one or two criminal cases with regard to providing financial assistance or shelter to desperate criminals would not be a valid ground for passing a detention order, unless such culprit was not only found repeatedly involved, but was also convicted for such misdeeds and his activities were found prejudicial to public peace and tranquility---Grounds of detention mentioned in impugned detention order were vague and based upon presumption and speculations---High Court had opted to burden DCO to pay from his pocket an amount of Rs.50,000 as fine, but on request of Law Officer and undertaking of Counsel of DCO that in future his client would not act in such inhuman manner, High Court abstained itself from imposing such fine---High Court set aside impugned detention order in circumstances. State through Advocate-General, Sindh, Karachi v. Mst. Taji Bibi 2002 SCMR 914; Mrs. Mamoona Saeed v. Government of the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492