Law: Constitution of Pakistan, 1973

Section: 9,199

Constitution of Pakistan--- ----Arts. 9 & 199---Constitutional petition---Right of liberty---Detention period, extension in---Detention of petitioners was repeatedly extended by Federal Review Board---Validity---Petitioners could not be allowed to remain under detention for unlimited period through repeated extensions in absence of any fresh allegation / incriminating evidence being produced against them by authorities---Extension order of detention was passed in clear violation of fundamental rights of citizens guaranteed under Art. 9 of the Constitution, curtailing liberty of petitioners and High Court declined to allow the same in any circumstances---Extension order of detention of petitioners was passed in violation and against fundamental right of liberty guaranteed under Art. 9 of the Constitution, and the same was declared illegal and was set aside---High Court directed the authorities to set petitioners at liberty---Petition was allowed in circumstances. Government of West Pakistan v. Haider Bux Jatoi and another PLD 1969 SC 210; Registrar, Supreme Court of Pakistan, Islamabad v. Qazi Wali Muhammad 1997 SCMR 141; Muhammad Iqbal and others v. Lahore High Court through Registrar and others 2010 SCMR 632; Muhammad Ikram Chaudhry and others. v. Federation of Pakistan and others PLD 1998 SC 103; Messrs Nusrat Elahi and 41 others v. the Registrar, Lahore High Court Lahore and 68 others 1991 MLD 2546 and Asif Saeed v. Registrar, Lahore High Court and others PLD 1999 Lah. 350 ref. Sadat Ullah v. Secretary Home Department and others PLD 1986 Quetta 270 rel. THIS JUDGMENT DELIVERED BY: IQBAL HAMEEDUR RAHMAN, C.J.--- Through the instant Constitutional Petition, the petitioners have prayed that the impugned extension order passed by the Federal Review Board dated 27-4-2012 of petitioners' detention may be declared illegal and be set aside. They further seek issuance of direction to respondent No.2 to hand over the custody of petitioners to their legal heirs. 2. It is pertinent to mention here that the petitioners have filed the amended writ petition in compliance with order dated 2-5-2012 wherein it was apprised that the Federal Review Board on 27-4-2012 has…

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