MUHAMMAD IMRAN SAWATI vs PROVINCE OF SINDH S — 2023 PLD 374 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLD 374 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLD
Parties: MUHAMMAD IMRAN SAWATI vs PROVINCE OF SINDH S
Subject matter: Criminal
Provisions referred to: S. 3---P; 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

MUHAMMAD IMRAN SAWATI VS PROVINCE OF SINDH S. 3---Preventive detention---Word "satisfaction"---Scope---Arrest after acquittal---Petitioner was arrested by authorities under S. 3 of West Pakistan Maintenance of Public Order Ordinance, 1960, after he was released on his acquittal in a criminal trial---Validity---Keyword in S. 3(1) of West Pakistan Maintenance of Public Order Ordinance, 1960 was "satisfaction"---Authority had to satisfy that based on the material placed before it, the other consequences referred to in the order could flow---Standard must be high, as no person could be lightly deprived of his right to life and liberty, especially if they already spent nine years in jail and had been acquitted by appellate Court---At the time of issuing order in question Provincial Government did not lodge any appeal against acquittal before Supreme Court---Police acted malafidely in its overzealousness to appease public and media without giving sufficient weight to liberty of petitioner and others named in the order---Whole exercise leading up to issuance of order in question was a colorable exercise of authority by the executive---No reasonable person could have been satisfied on the material which was placed before the authority for issuing order in question---High Court struck down order of detention of petitioner as it was illegal and had been passed without lawful authority---Constitutional petition was allowed accordingly.

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