Law: West Pakistan Maintenance of Public Order Ordinance, 1960

Section: 3

  West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3(i)---Constitution of Pakistan (1973), Arts. 199 & 10---Constitutional petition---Preventive detention---Validity---Constitutional petition against the detention order was maintainable, firstly because the freedom and liberty of the detenu was involved which was his Constitutional right and secondly High Court had got the supervisory jurisdiction over judicial, quasi judicial and executive functionaries of the Provincial and Federal Governments and Art. 199 of the Constitution.---Remedy provided to the detenu by way of representation to Provincial Government was not an adequate remedy---Impugned detention order had been based. on the registration of petty criminal cases and no case showing the indulgence of the detenu in activities prejudicial to public peace and law and order situation or establishing him to be a desperate or dangerous criminal, could be cited against him by the prosecution ---Detenu, prima facie, seemed to have abandoned his previous criminal activity in which he had been shown involved in-between 1980 and 1994---Detenu after having been arrested in the two recently registered cases had been granted bail but he was not allowed to come out of the jail on account of the impugned detention order which was based on mala fides and was not in accordance with law---Detention order was set aside in circumstances and the detenu was released. Mrs. Arshad Ali Khan v. Government of Punjab 1994 SCMR 1532; Abdul Hamid Khan v. District Magistrate, Larkana PLD 1973 Kar. 344; Muhammad Iqbal and 3 others v. D.C./D.M.. Mansehra PLD 1992 Pesh. 107 and Muhammad Younas v. Province of Sindh PLD 1973 Kar. 694 ref. West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)-- ----S. 3---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction--.-Preventive detention---High Court on finding the detention order mala fide or without any substance, shall set aside the same and set free the detenu. West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)-- ----S. 3(6-a)---Constitution of Pakistan (1973), Art. 199---Constitutional…