Law: West Pakistan Maintenance of Public Order Ordinance, 1960

Section: 3,5

Law: Constitution of Pakistan, 1962

Section: 98(2),98(b)

Law: Criminal Procedure Code (V of 1898)

Section: 6491

West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960) Ss. 3 & 5 [as amended by West Pakistan Maintenance of Public Order (Amendment) Ordinance (XLVII of 1962)], read with Constitution of Pakistan (1962) (as amended), Arts. 98 (2) (b) & 6, Fundamental Right No. 2 (4) - Detention of person under West Pakistan Maintenance of Public Order Ordinance, 1960 Detenu can invoke jurisdiction of High Court under Art. 98 (2) (b), Constitution of Pakistan (1962) immediately on his detention and pray for writ of habeas corpus-Criminal Procedure Code (V of 1898), S. 491.   The right of a person to a petition for habeas corpus is a high prerogative right and is a constitutional remedy for all matters of illegal confinement. This is one of the most fundamental rights known to the Constitution. There being no limitation placed on the exercise of this right, it cannot be imported on the actual or assumed restriction which may be imposed by any subordinate legislation. Article 2 of the Constitution of Pakistan (1962) says that it is an inalienable right- of every citizen to enjoy the protection of law and in particular no action detrimental to life or, liberty can be taken except in accordance with law. If the arrest of a person cannot be justified iii law, there is no reason why that person should not be able to invoke the jurisdiction of the High Court immediately for the restoration of his liberty which is his basic right. In all cases where a person is detained and he alleges that his detention is un-constitutional and in violation of the safeguards provided in the Constitution, or that it, does not fall within the statutory requirements of the law under which the detention is ordered, he can invoke the jurisdiction of the High Court under Article 98 of the Constitution of Pakistan (1962) and ask to be released forthwith. An order of detention under section 3 of the West Pakistan Maintenance of Public Order Ordinance, 1960 for a period of two months only, does not require to be referred to the Advisory Board and so it cannot be argued that a detenu is not entitled to pray for a writ of habeas corpus before his case is referred to the Advisory Board.…