Citation Name: 2023 PCrLJ 1646 LAHORE-HIGH-COURT-LAHOREBookmark this Case MAKHDOOMZADI GAUHAR BANO QURESHI vs PROVINCE OF PUNJAB through Chief Secretary, Punjab S — 2023 PCrLJ 1646 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PCrLJ 1646 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 1646 LAHORE-HIGH-COURT-LAHOREBookmark this Case MAKHDOOMZADI GAUHAR BANO QURESHI vs PROVINCE OF PUNJAB through Chief Secretary, Punjab S
Subject matter: Family
Provisions referred to: 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

Citation Name: 2023 PCrLJ 1646 LAHORE-HIGH-COURT-LAHOREBookmark this Case MAKHDOOMZADI GAUHAR BANO QURESHI VS PROVINCE OF PUNJAB through Chief Secretary, Punjab S. 3 [as amended by Punjab Maintenance of Public Order (Amendment) Ordinance 2017]---Constitution of Pakistan, Art. 199---Constitutional petition---Alternate and efficacious remedy---Scope---Detention---Public safety---Petitioner assailed detention of her father under S. 3(1) of West Pakistan Maintenance of Public Order Ordinance, 1960, by the authorities---Plea raised by authorities was that petitioner had an alternate remedy available---Validity---Representation under S. 3(6) of West Pakistan Maintenance of Public Order Ordinance, 1960 was an alternate remedy but in view of the process involved therein, it in no manner could be termed as efficacious in nature, so as to oust Constitutional jurisdiction of High Court---Order of detention of father of petitioner did not fit into statutory requirement of S. 3 of West Pakistan Maintenance of Public Order Ordinance, 1960---High Court set aside the order of detention and detenu was ordered to be released forthwith---High Court observed that in case of any apprehension of future involvement of detenue in activity prejudicial to public safety, the same could be plugged by getting a bond under S. 3(9) of West Pakistan Maintenance of Public Order Ordinance, 1960 [as amended by Punjab Maintenance of Public Order (Amendment) Ordinance 2017] from the detenue---Constitutional petition was allowed accordingly.

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