Chaudry FAWAD HUSSAIN vs FEDERATION OF PAKISTAN S — 2023 MLD 1417 ISLAMABAD

Case information

Citation: 2023 MLD 1417 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: MLD
Parties: Chaudry FAWAD HUSSAIN vs FEDERATION OF PAKISTAN S
Subject matter: Criminal
Provisions referred to: S. 3---P; S. 3; S. 144; Public Order Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Chaudry FAWAD HUSSAIN VS FEDERATION OF PAKISTAN S. 3---Preventive detention---Opportunity to approach Court to seek bail before arrest---Arrest in criminal case, restraining of---Petitioner was arrested on the allegation of causing threat to public order---Validity---Order under S. 3 of West Pakistan Maintenance of Public Order Ordinance, 1960, could not be based on conjectures and surmises---Such order should be based on concrete and tangible evidence---Grounds on the basis of which detention order of a person was issued must be supported by sufficient and cogent material of the nature as would satisfy an ordinary prudent person to justify issuance of order of preventive detention---High Court declared detention order issued by District Magistrate as well as arrest of petitioner unlawful in presence of earlier order passed by High Court---High Court directed the authorities to release petitioner forthwith from the custody---Petitioner submitted undertaking to the effect that he would in no manner resort to violence or incite any violence and would not join any violent protest and abide by restrictions placed in order passed under S. 144, Cr.P.C.---High Court also restrained authorities for two days from arresting petitioner in another criminal case already registered against him, so as to enable him to approach relevant Court to seek bail before arrest---Constitutional petition was allowed, in circumstances.

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