ABDUL RAUF vs GOVERNMENT OF PUNJAB S — 2023 YLR 2525 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2525 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: ABDUL RAUF vs GOVERNMENT OF PUNJAB S
Subject matter: Family
Provisions referred to: S. 3---C; 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

ABDUL RAUF VS GOVERNMENT OF PUNJAB S. 3---Constitution of Pakistan, Art. 199---Constitutional petition---Power to arrest or detain suspected persons---Habeas corpus--- Maintainability---Scope---Where the petitioner filed a constitutional petition seeking release of his brothers detained on the strength of an order under S. 3 of the Punjab Maintenance of Public Order Ordinance, 1960, the State objected to the maintainability of the petition due to non-filing of representation by the detenues before the Provincial Government---Held; right to file petition of instant nature i.e. habeas corpus is remedy provided by the Constitution in all matters of illegal confinement as one of fundamental rights---If arrest of a person for the purpose of "Preventive Detention" cannot be justified in the eyes of law, then there is no reason why said person should not invoke jurisdiction of High Court for his immediate release---Objection was turned down.

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