Law: West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)

Section: 5, 3(1)

West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960) 5. 3(1)-Preventive detention-No material indicative of detenus' having made any speech, organised any meeting, or distributed any pamphlet for staging demonstration or starting mass movement-No material also to indicate detenus' having indulged in some activity directed towards materialisation of their alleged intention-Organising a protest over general rise in prices-A democratic right-Demonstration if peaceful and otherwise permissible. intention to stage such demons tration, held, cannot justify detention-Constitution of Pakistan (1973), Art. 199 (I)(b)(i). Ghufam Jilani v. Government of West Pakistan P L D 1967 S C 373; Mir Abdul Baqi Baluch v. The Government of Pakistan P L D 1968 S C 313 ; Government of West Pakistan v. Begum Shorish Kashmiti P h. D 1969 S C 14; Shorish Kashmiri v. S. S. P., Lahore 1973 P Cr. L J 482 ; Maulvi Farid Ahmad v. Government of West Pakistan P L D 1965 Lah. 135 and Khadija Bhabha v. The Government of Sind P L D 1973 Kar. 421 ref. Dates of hearing : 14th and 16th May 1975.                                                                                                                                           JUDGMENT These three petitions, i.e. Cr. M. 269-H of 1975, Cr. M. 270-H of 1975 and Cr. M. 355-H of 1975, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan read with section 491, Cr. P. C. relate to the detention by the Provincial Government of Shahid Iqbal, Muhammad Farooq and Hamayun Mujahid respectively.2. The said detenus were arrested on 19-4-1975 and were detained under section 3(1) of W. P. Maintenance of Public Order Ordinance 1960, for a period of one month which period was to expire on 17-5-1975 but the detention has been extended for a further period of one month. 3. The…