Law:

Section:

(a) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)--- ---- S. 3(l) --- Constituion of Pakistan (1973), Art. 13 --- Preventive detention--­Involvement of detenu in a number of criminal cases --- Accused on the basis of the same criminal charge cannot be vexed twice --- Due to the disposal or pendency of criminal cases a detenu cannot be deprived of liberty as his detention would be nothing but punishment. Shahbaz Afghan v. The District Magistrate and 2 others 1990 PCr.1J 274; Mst. Shazia Perveen v. District Magistrate, Okara PLD 1988 Lah. 611; Bashiran Bibi v. The District Magistrate, Kasur 1990 PCr.1J 913; Umer Din alias Umroo v. S.H.O., Bhai Pheru and 3 others 1990 PCr.LJ 948; JaW alias Jala v. District Magistrate, Kasur and 2 others 1990 PCr.U 1529 and Noor Muhammad v. District Magistrate, Hyderabad, Sindh and 2 others 1990 PCr.LJ 2052 ref. (b) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)--- ---- S. 3(l) --- Constitution of Pakistan (197~), . Ait. 199 --- Constitutional petition --- Preventive detention --- Last criminal case was registered against the detenu in the year 1991 --- No material had been produced to make out that the detenu was a member of a particular religious party and that he belonged to its militant group --- Similarly no material was available to justify that the detenu had planned to commit act of sabotage on the eve of Eid-ul-Azha and to commit crimes against persons and property --- Order of detention of the detenu which was whimsical as well as arbitrary was declared to be without lawful authority and of no legal effect --- Constitutional petition was accepted accordingly and the detenu was directed to be set at liberty forthwith. Shahbaz Afghan v. The District Magistrate and 2 others 1990 PCr.U 274; Mst. Shazia Perveen v. District Magistrate, Okara PLD 1988 Lah. 611; Bashiran Bibi v. The District Magistrate, Kasur 1990 PCr.U 913; Umer Din alias Umroo v. S.H.O., Bhai Pheru and 3 others 1990 PCr.LJ 948; Jalal alias Jala v. District Magistrate, Kasur and 2 others 1990 PCr.LJ 1529 and Noor Muhammad v. District Magistrate, Hyderabad, Sindh and 2 others 1990 PCr.LJ 2052 ref. JUDGMENT This petition…

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