| Citation(s) |
|---|
| 1997 SLG 827 1997 SLD 827 1997 CLC 1586 |
Lahore High Court
Writ Petition No. 156 of 1997, decision dated: 6-02-1997
SHAIRF HUSSAIN BOKHARI, J
Sardar Hayat Khan Mughal for Petitioner. Raja Saeed Akram, A.A.G. with Ch. Muhammad Aslam, M.I.C., Rawalpindi for
Respondents
Writ Petition No. 156 of 1997, decision dated: 6-02-1997
SHAIRF HUSSAIN BOKHARI, J
Sardar Hayat Khan Mughal for Petitioner. Raja Saeed Akram, A.A.G. with Ch. Muhammad Aslam, M.I.C., Rawalpindi for
Respondents
MANZOOR HUSSAIN JAFRI
VS
DEPUTY COMMISSIONER, RAWALPINDI and others
Law:
Section:
West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)-------S. 3---Constitution of Pakistan (1973), Arts. 4, 9 & 199---Constitutional petition---Petitioner's detention under S.3, West Pakistan Maintenance of Public Order Ordinance, 1960 by District Magistrate for period of 90 days ---Validity--District Magistrate had not disclosed in impugned detention order that he was authorized by Government or had delegated powers under S. 3 of the Ordinance to pass impugned detention order---Detention order against petitioner had not been passed in accordance with S. 3(6), West Pakistan Maintenance of Public Order Ordinance---Impugned detention order appeared to be without jurisdiction and contrary to provisions of subsections (1) (2), (6) & (6-A) of S.3 of the Ordinance, on account of omission to inform petitioner at earliest opportunity that he was at liberty to make representation to Government, thus, petitioner was deprived of right of representation to and hearing by Government---Grounds of detention were not supported by any material evidence---Detention order in question, also suffered from vagueness and generality of grounds of detention---Three detention orders against three different persons including petitioner were passed on the same day on similar grounds, excepting names and addresses of detainees---All those three orders were thus, indicative of the fact that they were passed mechanically without application of independent mind on each individual case---Impugned detention order passed against petitioner was declared to be without lawful authority and of no legal effect. Muhammad Iqbal v. District Magistrate 1994 PCr.LJ 2173; PLD 1973 Kar. 78; 1990 PCr.LJ 1534 and Government of West Pakistan v. Hailer Beaux Jaatoi PLD 1969 SC 210 ref. ORDER Through this Constitutional petition the petitioner has challenged the order of his detention issued by the District Magistrate Rawalpindi on 22-1-1997. This order reads as under: "ORDER . Whereas I, Amjad Nazir, District Magistrate, Rawalpindi am satisfied that Mr. Manzoor Hussain Jaffari, S/o Khudadad Khan, Khateeb resident of Imam Bargah Qasir-e-Abbas Deri Hassan Abad, Rawalpindi is acting in a…
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