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

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ABDUL RAUF VS GOVERNMENT OF PUNJAB S. 3---Constitution of Pakistan, Art. 13--- Power to arrest and detain suspected persons---Protection against double punishment and self-incrimination---Detention based on apprehension---Petitioner sought an order directing the Provincial Government to release his brothers---Before passing a detention order of a person under S. 3 of the Punjab Maintenance of Public Order Ordinance, 1960, the competent authority must have reasons to believe that the said person, within its territorial jurisdiction, has acted, is acting, or is about to act in a manner prejudicial to public safety or the maintenance of public order---However, perusal of the available record revealed that the allegations against the detainees were general in nature and no solid or cogent evidence/material was produced before the Deputy Commissioner at the time of passing the impugned orders---Except for the recommendations of the District Police Officer, there was no material available against the detainees to establish that they were acting or about to act in any manner prejudicial to public safety or the maintenance of public order---Even the report of the District Police Officer did not reflect any material to invoke subsection (1) of S. 3 of the Punjab Maintenance of Public Order Ordinance, 1960, except for apprehensions---Apprehensions without any valid reasons and not supported by any cogent material cannot be allowed to be the basis for curtailing the rights, liberty or freedom of any citizen, which is guaranteed by the Constitution---As far as the registration of the FIR against the detainees was concerned, suffice to say that the allegations levelled in the said case were first to be established during the investigation and then had to be proved during trial---Detainees would face proceedings in the same separately as per law, but in these circumstances, it could not be per se made the basis for the issuance of the impugned detention orders, and in this regard, Article 13(a) of the Constitution could be advantageously referred---Detenues were ordered to be released and the Constitutional petition was accepted, in circumstances.

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

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