AHMAD NAWAZ KHAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S — 2023 MLD 1837 ISLAMABAD

Case information

Citation: 2023 MLD 1837 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: MLD
Parties: AHMAD NAWAZ KHAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S
Subject matter: Family
Provisions referred to: S. 3---; S. 3; 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

AHMAD NAWAZ KHAN VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S. 3--- Detention--- Pre-conditions--- application of independent mind---Scope---Petitioner assailed detention of his uncle under S. 3 of West Pakistan Maintenance of Public Order Ordinance, 1960, by the authorities---Validity---Order under S. 3 of West Pakistan Maintenance of Public Order Ordinance, 1960, could not be based on conjectures and surmises and was to be based on concrete and tangible evidence---Grounds on the basis of which detention 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 an order of preventive detention---It was only where there was sufficient and cogent material against a person that issuance of a preventive detention order could be justified---This was essential prerequisite for issuing an order under S. 3 of West Pakistan Maintenance of Public Order Ordinance, 1960, and the same was lacking against the detenue in the present case---High Court directed the authorities to release the detenue as preventive detention order against him was unlawful, issued without application of independent mind and resultantly the same was set aside---Constitutional petition was allowed in circumstances.

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