| Citation(s) |
|---|
| 2011 SLG 1369 2011 SLD 1369 |
Lahore High Court
Writ Petition No. 5291 of 1978, decided on 17th December 1978. DATE of hearing: 13th December 1978.
ZAKIUDDIN PAL, J
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Writ Petition No. 5291 of 1978, decided on 17th December 1978. DATE of hearing: 13th December 1978.
ZAKIUDDIN PAL, J
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Law:
Section:
PLD 1979 Lahore 363 LAHORE HIGH COURT Writ Petition No. 5291 of 1978, decided on 17th December 1978. Date of hearing: 13th December 1978. Before Zakiuddin Pal, J MUHAMMAD MUEEN-Petitioner VS THE DISTRICT MAGISTRATE, SAHIWAL AND 2 OTHERS-Respondents Ch. Muhammad Anwar Bhinder for Petitioner. Khalilur Rahman Ramday, A. A.G. for Respondents. (a) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960): -- Ss. 3 & 12-Preventive detention--Authority, Officer, or person empowered to exercise any power under Ordinance-Can take or cause to be taken steps necessary for securing compliance of order- Police Officer though not specifically addressed with order of arrest, nor place of arrest situate within his jurisdiction yet empowered to effect arrest of detenu under S. 12--Police Officer, not below rank of Sub-Inspector, can, under S. 3, subsection (3)(b) arrest any person under order of arrest if such person found within his jurisdiction irrespective of fact whether order of arrest addressed to him or his otherwise being asked by any authority to cause such arrest under S. 12.-[Preventive detention-Jurisdiction]. (b) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)-- .-- S. 3(l)-Preventive detention-Complaints relied upon to support order of detention-Nut appearing to have been with District Magistrate at relevant time nor such record appearing to have been shown to District Magistrate-Report against detenu not showing his having pleaded for violence or asked audience to hold public meetings, take out processions, stage demonstration, or otherwise indulge in acts prejudicial to maintenance of law and order and public tranquillity for getting ex-Prime Minister released from jail-Detenu only criticising policies of Government as well as of rival party's leadership but not in violent manner-No sufficient material, held, existed for passing order of detention and in circumstances detenu ordered to be released.-[Preventive detention]. JUDGMENT The detenu in this case, Mian Muhammad Yasin Khan Wattoo, Advocate, was arrested at Ravi Bridge, Lahore while coming from Campbell pur on the basis of a warrant of arrest issued by the District…
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