Case Details

Citation(s)
1995 SLG 876 = 1995 SLD 876 1995 PCRLJ 587
Peshawar High Court
Writ Petition No.203 of 1994, decided on 28th November 1994.
Presented By: Jawaid Nawaz Khan Gandapur and Mian Muhammad Ajmal, JJ
Muhammad Aslam Khan, Asstt. A.-G. for
Respondents.

MUHAMMAD AYAZ KHAN and 6 others---Petitioners

VERSUS

THE DISTRICT MAGISTRATE, BATAGRAM and another---Respondents

Law:

Section:

  (a) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)   -----------S. 3(1)---Constitution. Of Pakistan (1973), Art. 199---Constitutional petition---Preventive detention order, quashing of---Material against the accused was vague, general nature and devoid of any tangible act which could be treated as prejudicial to the security of the State or public safety and tranquillity---Not a single witness had either been cited or examined by the detaining Authority to support the allegations made against the accused-- Detention order appeared to have been recorded by the District Magistrate to frustrate and undo the effect of the bail order passed by the Sessions Court and, thus, had an element of bad faith---No reason or occasion was available for the passing of the detention order in respect of the past transactions regarding which separate cases had already been duly registered against the accused---Detention order was held to be void in circumstances and was quashed.   Muhammad Younus v. Province of Sindh through the Secretary to the Government of Sindh Home Department, Sindh Secretariat, Karachi and 2 others PLD 1973 Kar 694; Ahmad Fahim Mughal v. Muhammad Saleem Khan and others PLD 1990 Kar. 474; Miss Benazir Bhutto v. Federation of Pakistan PLD 1988 SC 416; Muhammad Siddiq Khan v. District Magistrate PLD 1992 Lab. 140; Abdul Hamid Khan v The District Magistrate, Larkana PLD 1973 Kar. 344; Zarban Shah v. District Magistrate, Rahimyar Khan and another 1989 P Cr. LJ 685; Mairaj Muhammad Khan v. Government of West Pakistan 1,and another PLD 1966 (W.P.) Kar. 282; Malik Mushtaq Anwar v. District Magistrate, Lahore and 2 others 1979 PCr.LJ 658 and Abdul Hamid Khan v. The District Magistrate, Larkana and 2 others PLD 1973 Kar 344 rel   Major-General (Retd.) Naseer Ullah "Khan Babar v. President, Scary Military Court, Peshawar and 3 others PLD 1989 Pesh. 215; Mrs. Arshad Ali Khan v. Government of the Punjab 1994 SCMR 1532 and Haji Ghulam Ahmad Bilour v. District Magistrate Writ Petition No.1037 of 1994 ref.   (b) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)   ----S. 3(1)---Detention order---Chief…
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