Case Details

Citation(s)
1981 SLG 3291 = 1981 SLD 3291 = 1981 PCRLJ 1263
Lahore High Court
Writ Petition No. 9234 of 1980, decided on 21st September. 1980.
Presented By:  Gulbaz Khan, J
M. A. Zafar for Petitioner. Syed Iftikhar Ahmad. Deputy Attorney-General for the State.

MUSHTAQ AHMAD------Petitioner

VERSUS

GOVERNMENT OF PAKISTAN, MINISTRY OF INTERIOR AND 2 OTHERS---Respondents

Law: Constitution of Pakistan 1973

Section: 199

Law: Security of Pakistan Act (XXXV of 1952)

Section: 3

Constitution of Pakistan (1973) Art. 199-Security of Pakistan Act (XXXV of 1952), S. 3(1), cl. (2) and Official Secrets Act (XX of 1923), S. 3-Preventive detention--Enough material against petitioner for passing order of detention available on record-No exception, held, can be taken to order of detention and mere fact of petitioner having been acquitted by Field General Court Martial of charge for an offence under S. 3 of Official Secrets Act, 1923 no impediment to his subsequent detention under Security of Pakistan Act. 1952.----[Preventive detention].                                                                                                                  ORDER The order of detention passed by Government of Pakistan Ministry of Interior, on 19th June 1980, against Mushtaq Ahmad, has been challenged through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 read with clause (2) of the Laws (Continu ance in Force) Order, 1977. 2. The Federal Government was satisfied that Mushtaq Ahmad petitioner was acting in a manner prejudicial to the security of Pakistan. In exercise of the powers conferred by clause (2) of section 3(1) of the Security of Pakistan Act, 1952, the Federal Government with a view to preventing Mushtaq Ahmad petitioner from acting in a manner prejudicial to the security of Pakistan, passed an order of detention of Mushtaq Ahmad petitioner for a. period of three…
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