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

Section: 3(1)

Law: Constitution of Pakistan, 1973

Section: 199,185(3),185

(a) West Pakistan Maintenance of Public Order Ordinance (XXIV of 1960)--- ----S.3(1)---Constitution of Pakistan (1973), Arts. 199 & 185 (3)---Order of preventive detention of detenu, who was candidate in elections, passed by District Magistrate, was declared to be without lawful authority and of no legal effect by the High Court and a cost of Rs.5,000 each was imposed on District Magistrate and the Superintendent of Police personally ---Validity--­Leave to appeal was granted to consider as to whether any notice was required to be issued to the District Magistrate before awarding costs against him when he was already a party to the Constitutional petition; and whether High Court should have issued a show-cause notice to the Superintendent of Police before imposing the costs. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Order granting costs by High Court in exercise of said jurisdiction ---Validity--­Such order has to be based on valid, recognized principles of justice and equity and not on fanciful, arbitrary or capricious grounds---Superior Courts have to protect the Fundamental Rights of the people; and for achieving such object, the superior Courts can exercise all incidental and ancillary powers and also can adopt new strategies to enforce the Fundamental Rights. Muhammad Ibrahim v. S.H.O., Police Station Sheikhupura 1990 PCr.LJ 1717; Arz Muhammad Umrani, Assistant Political Agent, Dera Bugti v. Atta Muhammad and another 1993 SCMR 633; Khurshid Ahmad Naz Faridi v. Bashir Ahmad and 3 others 1993 SCMR 639; Saheli, A Women's Resource Centre v. Commissioner of Police, Delhi and others AIR 1990 SC 513; Sebastian M. Hongray v. Union of India AIR 1984 SC 1026; Bhim Singh Mla v. State of Jammu and Kashmir AIR 1986 SC 494 and Arvinder Singh Bagga v. State of U.P. and others AIR 1995 SC 117 rel. (c) West Pakistan Maintenance of Public Order Ordinance (XXIV of 1960)--- ----S. 3(1)---Constitution of Pakistan (1973), Art. 199---Constitutional petition--- Detention order---Awarding of costs by officials concerned ---Non-issuance of show-cause notices to the officials concerned before imposing costs---…

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