| Citation(s) |
|---|
| 1963 SLG 473 1963 SLD 473 = 1963 PLD 109 |
Lahore High Court
Criminal Miscellaneous No. 2657 of 1962, decided on 3rd January 1963.
Manzur Qadir, C. J., Shabir Ahmad and Abdul Aziz Khan, JJ
Criminal Miscellaneous No. 2657 of 1962, decided on 3rd January 1963.
Manzur Qadir, C. J., Shabir Ahmad and Abdul Aziz Khan, JJ
Ch. MUHAMMAD ANWAR-Petitioner
VERSUS
GOVERNMENT OF WEST PAKISTAN-Respondent
Law:
Section:
SHABIR AHMAD, J.-This Full Bench of three Judges was constituted by my Lord the Chief Justice with a view to disposing of two petitions in which orders of the nature of habeas corpus were prayed for. One of these cases, namely, Criminal Miscellaneous No. 2657 of 1962, came up before my Lord the Chief Justice sitting singly and as he was of the view that the question involved was of some importance, he directed that the case be placed before a Bench of two Judges, whereupon the case was laid before my Lord the Chief Justice and myself, and on the 14th of November 1962, it was referred to a Full Bench by reason of the fact that a decision of this Court reported in Rao Mahroz Akhtar v. The District Magistrate, Dera Ghazi Khan and another (P L D 1957 Lah. 676) had taken a view with regard to the question that arises and it was considered desirable that the case be heard by a Full Bench. Criminal Miscellaneous No. 2865 of 1962 was also directed by my Lord the Chief Justice to be heard by a Full Bench because the main questions that arise in that case are not materially different from those that arise in Criminal Miscellaneous No. 2657 of 1962. 2. The facts relating to Criminal Miscellaneous No: 2657 of 1962, are these. Lal Khan son of Farid Khan was served with an order under section 5 of the West Pakistan Maintenance of Public Order Ordinance, 1960 (to be referred to hereinafter as the Ordinance), in the month of February 1962, wherein he had been directed not to enter the districts of Lahore and Lyallpur for a period of six months and thereupon Lal Khan started living and working at Gujranwala. On the 10th of August 1962, when the period for which the first order was passed was about to expire, an order was passed by the Provincial Government wherein it was directed that Lal Khan shall reside and remain within the revenue limits of village Bhatial, Police Station Sadar Jhelum, District Jhelum and that he shall abstain from taking part in any political activity and shall abstain from making a speech and issuing a statement. This order, which was signed by the Secretary to the Government of West Pakistan, Home Department, on the 10th of August 1962, and boreβ¦